Employers' duties

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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:

  1. •

    carrying out recruitment processes in a non-discriminatory way

  2. •

    ensuring offer letters and employment contracts include appropriate clauses outlining employer and employee duties in relation to preventing illegal working and preventing discrimination,

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