Refreshing Law
Our latest video is available to view on the Refreshing Law YouTube channel – please click here to watch the video where Anna discusses a recent case that has shed some light on the debate that a lot of employers are having around employees returning to the office from home working.
Anna Denton-Jones
Refreshing Law
More and more organisations are sponsoring employees from an immigration perspective, which means those that are working in HR are having to be more familiar with the duties that they have to report to the Home Office in respect of the staff. This means that the issue of immigration isn’t just something that we deal with on recruitment, it means that throughout the life cycle of the employment relationship, we need to be thinking, in any situation, about the sponsorship implications.
Delays to the commencement of work is something that will have to be notified – the reason for the delay. Illness, bereavement and travel disruption will all be legitimate reasons, as will working out notice with a previous employer but essentially, the Home Office want to know if there is any delay. There is a sensible reason for this (making sure the person does come here and start work and does not abscond).
Absences from work, whether that is for maternity or paternity leave, sick leave or strike action, is another notifiable event.
Any changes made to the role, which will include promotion, changing job title or reduction in salary, is something that needs to be reported. This will cover formal promotions but it can also cover less formal changes in core duties, so line management need to be aware that they can’t just make changes without there being implications.
A change of work location to a different site or working from a customer’s premises and working remotely from home on a permanent or full-time basis will all be things that need to be notified, which is another reason why employees should not be given carte blanche to work from anywhere and there are sponsorship angles to your hybrid policies.
You also have reporting obligations if there is any ending to the relationship or the employee is absent without leave for 4 weeks in total during a calendar year.
These changes have to be notified within 10 days so you don’t have a great deal of time to act.
Anna Denton-Jones
Refreshing Law
From 1 October 2022, there will only be three main methods of checking an individual’s right to work in the UK – online, manual and using an Identity Service Provider (IDSP). The method an employer uses will depend on the immigration status of the individual and the documents they hold.
IDSPs
A list of those who are recognised IDSP is found at:
https://www.ukas.com/resources/latest-news/uk-digital-identity-and-attributes-trust-framework-pilot/
The fees for each can differ and they may offer different service packages.
An IDSP is intended to be used for holders of valid British and Irish passports only. Individuals with other immigration statuses or who do not hold a valid British or Irish passport will not be able to be checked using IDSP.
It is not mandatory to use one of these services – you can still check British and Irish nationals documents manually.
Temporary COVID changes ending
Temporary changes to right work check requirements introduced on 30 March 2022 due to the COVID-19 pandemic which allow checks to be carried out over video call and for scans or photographs of documents to be checked rather than original documents will also end on 30 September 2022.
To prepare for the changes, employers should:
• Consider the percentage of employees who hold various immigration documents and the rate of staff turnover. This will help to decide whether it is worth the employer using an IDSP.
• Determine how it will conduct manual checks on relevant employees following the end of the temporary COVID-19 related concessions.
• Create step-by-step guides for those conducting right to work checks and ensure whoever is conducting the checks understands when to use each method and what that involves.
Anna Denton-Jones
Refreshing Law
Our latest video is available to view on the Refreshing Law YouTube channel — please click here to watch Anna discussing ‘right to work checks’ and clarifying the position for employers in respect of what they should and shouldn’t be doing in respect of these checks.
Anna Denton-Jones
Refreshing Law
At the moment, we are in something called the “grace period”. New rules are going to come into force from 1 July 2021. Up until that point an employer is allowed to continue to rely on the checks to an EEA or Swiss National’s EU Passport or National Identity Card to evidence their right to work in the UK ie:- not differentiating between those who arrived before we left the European Union or after.
Provided the check is done and the employer doesn’t have any reason to believe that the employee doesn’t have the right to work here, they will have a statutory excuse against the civil fines that can be applied if an employee is subsequently found to be working here illegally (£20,000).
If the EU National has already registered for and achieved Settled Status in the UK under the EU Settlement Scheme where if they have been here for 5 years they qualify, they can evidence their right to work to you, using the Home Office online service (www.gov.uk/view-right-to-work). Not everybody will have taken those steps yet, so in the meantime, old fashioned paperwork can apply.
If the EU National has not achieved Settled Status or obtained pre-Settled Status (which applies to those who haven’t yet been here for 5 years) by the 1 July 2021 they will no longer be entitled to work in the UK from that date, unless they are an Irish National (separate rules apply to those from Ireland who are entitled to work here). Thus employers will need to see evidence of that Settled Status or Pre-Settled Status from 1 July 2021.
Further guidance is expected to be issued for employers in relation to this issue nearer that time.
Anna Denton-Jones
Refreshing Law
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