The steps to be taken by employers to prevent illegal working are set out in sections 15 to 25 of the Immigration, Asylum and Nationalities Act 2006, and section 24B of the Immigration Act 1971, and Schedule 6 of the Immigration Act 2016. Under the law employers have a legal obligation to ensure that all their employees have the right to work in the UK.
Employers, including their Human Resource staff and those staff within the business who have delegated responsibility for the recruitment/onboarding and employment of new personnel need to be conversant with the law covering illegal working and the steps employers must take to obtain the so called “statutory excuse”. By following the certain required steps employers should be able to demonstrate the statutory excuse and prevent civil penalties being levied against them.
Most employers and their staff have a working knowledge of the rules around preventing illegal working including the Right to Work checks that need to be conducted. As always, the devil is in the detail, as someone once said, “it really is the detail that counts”. Many employers have been penalised by the authorities for a mere lack of understanding of certain elements of the legislation which, with some better training could have been prevented. Training not only improves staff knowledge but empowers them and gives them confidence in their role.
By attending one of Passport Proven’s Immigration Compliance/Right to Work/ Document Verification courses you may be surprised at what you do not know. For instance, are you and your staff, to whom you have delegated responsibility for Right to Work checks, fully conversant with the points listed below. Check the list and answer the questions raised and if there are gaps in your knowledge perhaps the time is now to attend one of our courses: –
- What are List A and List B documents and what is the relevance of them?
- Are you familiar with the Code of Practice on Preventing Illegal Working?
- When must you carry out a Right to Work check and how do you conduct one?
- What are Biometric Residence Permits, what do they look like, what permissions can they give?
- Does a Dutch biometric residence permit give the Right to Work in the UK?
- Are all identity cards valid in the UK for right to work purposes?
- Who are “family members” of EEA nationals, the answer may surprise you?
- What countries are in the EEA and what work rights do they have in the UK?
- Is Albania a member of the EEA?
- What about nationals from non – EEA countries, what rights do they have?
- Can your recruitment agency perform right to work checks for you?
- How do you avoid discrimination?
- How do you deal with employees who lose their Right to Work in the UK?
- How do you balance employment law with Immigration law?
- Does GDPR have an impact?
- Are you familiar with the basic security features of identity documents?
- What does a counterfeit document look like?
- What are the signs of forgery?
- Do you know how to spot an imposter?
- What are the benefits and pitfalls of the Internet?
All of the above points and much more are covered in our training courses. Each course being delivered by an industry leading expert and experienced trainers, Ian Westwood and Paul Leadbeater who have been delivering training at public workshops and to private clients for many years.
Our courses are delivered on your premises and at a time and date of your choosing.
Our course can be tailored to your specific requirements, and we can cater for up to 20 delegates on a course, more can be accommodated by prior arrangement.
We also deliver our Immigration Compliance/Right to Work/ Document Verification via video conferencing, Zoom so that you do not need to have all your staff back in the office to receive the training. Furthermore, our new e-learning platform provides even more flexibility with delegates able to learn at a time and pace to suit themselves.
Our rates are favourable, and we are currently offering special rates to our existing clients who may have new staff that need to be trained. These rates are only available on training delivered by video conferencing. Please contact if you need further information us on all our products and prices.