Employers' duties

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FORTHCOMING CHANGE: This sub-topic will be affected by the coming into force of section 48 of the Border Security, Asylum and Immigration Act 2025. This measure will extend the scope of the right to work regime from 1 October 2026 to persons engaged under worker contracts, individual sub-contractors and online matching services. It will also extend potential liability up contractual chains. See News Analysis:Extended scope of the right to work regime: how will it work in practice?

This sub-topic covers some of the main duties UK employers have under immigration and employment law when recruiting employees to work in the UK, and for the duration of that employment.

The duty to prevent illegal working

Since 27 January 1997, UK employers have needed to undertake pre-employment checks to be satisfied that each prospective employee has the right to work in the UK in the employment offered, or they may face sanction if it is subsequently discovered that the employee has no such right. There was no illegal working regime for employers before this date.

Complying with employers’...

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