Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Are your TUPE transfer employees working for you legally?

14 January 2015 #Employment

The need for an employer to carry out a right to work check for all prospective employees is mandatory. But here at Forbury People / Employmentbuddy we have noticed that what can often be overlooked is the situation regarding TUPE transfers. When you acquire employees you must carry out these checks within 60 days of the transfer rather than 28, which used to be the case.

The checks need to be carried out in accordance with Home Office guidance which lists three key steps in the process to check a person’s documents, including  obtaining the person’s original documents, checking the validity of the document in the presence of the holder and making and retaining a clear copy and a record of the date the check was made.

By following this procedure, you (the employer) will have a statutory excuse and will be protected against any liability for a civil penalty of up to £20,000 if found guilty of employing an illegal worker. If you have sponsored migrants transferring , there are even more rules to comply with.  It’s a big ask!  Forbury People Ltd can offer specialist associates who can do this work swiftly for you: Please call Graham Coleshill on 029 2055 7555.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Employment team
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