What has not changed is the core principle that under section 15 of the Immigration, Asylum and Nationality Act 2006, it is unlawful to employ someone in the UK who does not have the right to work here. So, if an employer conducts a compliant right to work check and that check is properly carried out, they will obtain a statutory excuse. This means that if it later transpires that the worker did not have the right to work, the employer cannot be penalised, provided the check was done correctly.
However, the new legislation introduces a wider definition of “employment”. It extends to third party contractors, commercial vendors or agencies and suppliers. This makes navigating the liability which will now travel up the supply chain more difficult to manage than ever before.
Redfern Legal are familiar with the complexities and welcome an opportunity to offer a sense of certainty ahead of the new law coming into effect.
Our dedicated team of specialist immigration Practitioners are on hand to advise and assist you. We welcome you to make contact with a member of our team.
Contact:
For more information contact: Tom Redfern, Senior Partner +44 (0) 203 617 9271 / tredfern@redfernlegal.com
Yulia Gutkovich, Senior Solicitor +44 (0) 203 617 9271 / ygutkovich@redfernlegal.com
Laura Butcher, Senior Immigration Specialist +44 (0)7851630770 / lbutcher@redfernlegal.com
