Illegal Working & Right to Work Checks - A Guide for Advisers

Introduction

Since February 2024, employers have faced a civil penalty of up to £60,000 if they employ a person illegally without a statutory excuse.

To establish a statutory excuse employers must implement right to work checks correctly. Biometric Residence Permits were being phased out in December 2024 and digital e-visas will become the norm, leading to important changes in practice.

This virtual classroom seminar will give delegates the tools they need to conduct right to work checks correctly in the new environment, and to deal with the difficult cases that can arise.

The course will address the following topics:

• Who has the right to work? And other key concepts from immigration law
• How to correctly establish and maintain a statutory excuse against a civil penalty for illegal working, using digital and manual checks
• The consequences of enforcement action

What You Will Learn

This live and interactive course will cover the following:

• The implications of the introduction of e-visas and the withdrawal of biometric residence permits
• The unique situation of employees from the EU and their family members
• The extra checks required for specific groups; students, asylum seekers, those with secondary employment, Windrush scheme applicants
• Tips for managing illegal working situations when suspected illegal working is identified
• Additional relevant procedure for employers that hold a Skilled Worker sponsor licence
• How to implement the checks in a non-discriminatory manner

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.