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How to save £20,000 per employee - our top 10 tips regarding “Right to Work Checks”

It is unlawful to employ someone who does not have the right to carry out the work in question, and employers can be subject to a civil penalty of up to £20,000 per worker for any breach of this.

However, it is possible to establish a statutory (legal) excuse in respect of such penalties provided that the employer checks the worker’s documents prior to employment commencing, and then repeats the checks for those workers who have time limited permission to work in the UK.

Generally, UK nationals and European Economic Area (EEA) nationals have the automatic right to work in the UK, whereas migrant workers from the rest of the world will need to establish this right to work by showing that they have appropriate permission under one of the tiers of the UK points based system, by way of another form of visa, or under other European Treaty rights.

Click here to read the full article on our website dedicated to Employment Law»

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

DWF employment.law-ondemand.com

Employment law moves at a fast pace. Keeping up to date with changes and developments is a challenge for every HR professional, employment.law-ondemand.com helps you keep ahead of the game, plan for change and provides tools for solving those workplace dilemmas.

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Andrew Chamberlain

Partner - Head of Employment & Chair of the SDE

I am a Partner, the National Head of the Employment Team and the Chair of the Service Delivery Executive (SDE), which is focused on building better solutions for clients.