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!