Employers' duties

Employers' duties

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’ duties

Employers should ensure that they have systems and procedures in place in order to comply with their duties under the right to work regime. These will include:

•
carrying out recruitment processes in a non-discriminatory way
•
ensuring offer letters and employment contracts include appropriate clauses outlining employer and employee duties in relation to preventing illegal working and preventing discrimination,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Immigration News

ILPA calls for dignity and respect on anniversary of summer 2024 riots

The Immigration Law Practitioners’ Association (ILPA) has published a statement marking the anniversary of widespread riots that took place across the UK during the summer of 2024. This follows recent warnings of similar unrest, a year later, despite the swift sentencing of those involved in the 2024 riots. ILPA emphasises that those who have fled dangerous places must be allowed to exercise their right to seek asylum in the UK, and not be met with violence and hatred. Additionally, those who support asylum seekers through the provision of legal services must be allowed to discharge their professional duties without hindrance, harassment or fear for their own safety and that of their families. ILPA also calls for the ratification of the Council of Europe Convention for the Protection of the Profession of Lawyer and committed support for the independence of the judiciary and the legal profession.

Migration Observatory analyses immigrant earning trajectories

The Migration Observatory at the University of Oxford has published the third edition of its analysis using HMRC data to assess how the size and earnings of the UK migrant employee workforce have evolved since 2014. The key findings are below.

ICIBI launches call for evidence on UK entry permission refusals and cancellations

The Independent Chief Inspector of Borders and Immigration (ICIBI), David Bolt CBE, has launched a call for evidence concerning refusals and cancellations of permission to enter the UK.

Lords Committee criticises lack of advance information on immigration policy changes

The House of Lords Secondary Legislation Scrutiny Committee has criticised the Home Office for failing to provide sufficient information in support of measures set out in its latest Statement of Changes in Immigration Rules HC 977, which sets out significant changes to immigration policy. The Statement tightens the Skilled Worker visa route by removing care workers/senior care workers from the list of occupations eligible to recruit migrant workers form overseas and tightens conditions for granting Skilled Worker visas—affecting around 180 occupations (which could lead to a 40 drop in grants). The Committee highlighted the lack of consultation and the absence of an impact assessment, which it says severely undermines parliamentary scrutiny. It called for the impact assessment to be published before the end of the current summer recess. The Statement also closes two schemes which assisted Afghans who supported UK operations and aims in Afghanistan, including through resettlement. A submission to the Committee argued this would permanently abandon people in need, especially in light of a 2022 data breach recently revealed through the lifting of a superinjunction. The Home Office responded that most eligible applicants had already applied and that 95% of current applications were found ineligible. The report states that the Committee had previously repeatedly requested the Home Office to provide sufficient information when laying new legislation with potentially significant consequences, but ‘despite acknowledging this to be correct practice’ it had failed to do so again. It includes a link to detailed submissions sent to the Committee by the Work Rights Centre, the Immigration Law Practitioners’ Association and the Home Office.