FEBRUARY 2024
Right to Work Update – Increase to Civil Penalties
From 13 February the fine for employing an individual without the requisite right to work in the UK increased to between £45,000 – £65,000 per illegal worker.
Penalties include instances such as:
- Employing an individual beyond the restrictions on their visa permission. or
- Knowingly employing an EEA national who has been continuously employed since 30 June 2021 but has not applied to the EU Settlement Scheme and otherwise has no right to work or reside in the United Kingdom.
The University has heightened obligations to comply with right to work rules as a UKVI sponsor licence holder. Non-compliance can lead to the Home Office taking action against the University’s licences and our ability to sponsor both staff and students to gain permission to work/study in the UK.
A reminder therefore that right to work checks for all engagements/ work must be:
- undertaken ahead of the engagement/ work to provide the University with a statutory excuse against a civil penalty.
- applied equally to all employees/workers to ensure that we remain compliant with our duty to prevent illegal working and at the same time avoid unlawful discrimination.
Where the correct checks are not in place, claim forms will not be processed via Payroll.
- To determine whether a right to work check is required; if so the type of check and the statement to enter please view the quick flowchart. For further guidance please see: Entitlement to work in the UK or Right to Work Checks – How to Guidance
For individuals with delegated responsibility to undertake RTW checks in your area for ‘claims workers’ (I.e. one-off engagements), you will be contacted regarding RTW mandatory refresher training and access to IDVT if you have not already attended.