Q&As

If a person or business engages an agency worker, are they responsible for ensuring the agency worker complies any restrictions on their right to work in the UK (such as where they are a Tier 4 migrant)?

read titleRead full title
Published on LexisPSL on 11/09/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If a person or business engages an agency worker, are they responsible for ensuring the agency worker complies any restrictions on their right to work in the UK (such as where they are a Tier 4 migrant)?

For the purposes of this Q&A, a Tier 4 migrant in question is an agency worker as defined in regulation 3 of the Agency Workers Regulations 2010, SI 2010/93.

The Practice Note: Illegal workers—civil and criminal sanctions notes that ‘(f)or the purposes of illegal working legislation, employment is considered to be any employment relationship that is under a contract of service or apprenticeship, whether expressed or implied and whether oral or written’.

Since the Tier 4 migrant is not an employee, the civil and criminal penalties that exists under the Immigration, Asylum and Nationality Act 2006 would not apply.

However, as outlined in the Practice Note: Right to work checks and illegal working: problem areas and practical tips under the heading ‘Employment status scenario 1: right to work checks for workers who are not ‘employees’

Related documents:

Popular documents