Is your organisation up to date on the changes to Right to Work checks?

This spring the rules around conducting right to work checks changed. If they are not carried out properly, any organisation could leave itself open to potentially hefty fines, or even a criminal offence, if it is found to be employing people unlawfully.

Julie Moktadir, Partner at Stone King LLP

Julie Moktadir, head of immigration at Cambridge law firm Stone King, explains:

“As of 6 April 2022, employers are no longer be able to accept physical Biometric Residence Permit (BRP) cards for the purposes of right to work checks. This applies to all non-UK nationals with a Biometric Residence Permit (BRP), Biometric Residence Card, or a frontier workers permit.

“Any business, charity, school, church, or any other organisation is liable to civil penalties of thousands of pounds, or even a criminal offence, if they are found to be employing people unlawfully. Whilst it is not a legal requirement for organisations to carry out right to work checks to prove that an organisation did not knowingly employ someone illegally, an organisation will need a statutory, or lawful ‘excuse’. Right to work checks provide a statutory excuse. For this reason, it’s extremely important that employers follow the up to date procedure for right to work checks, or they will put their organisations at risk of significant fines.

Julie’s team has released comprehensive Right to Work Training to assist organisations with the changes. The training is for all employers irrespective of the type of organisation – be it large or small, charity or business.

More details on the training is available here

Stone King is at Bateman House, 82-88 Hills Road in Cambridge and the firm’s lawyers can be contacted on 0800 111 4336.

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