Right to work: Tricky issues and how to avoid a civil penalty

Описание: In 2024, civil penalties for illegal working increased to £60,000 per illegal worker. We also saw increased compliance action taken against errant employers in which around 50% of businesses visited were issued with illegal working fines. The UK government intends to prioritise compliance and crack down on illegal working further.
Instead of focusing on the basics of right to work checks, in this webinar we focused on the common mistakes by employers and how to avoid these, including:

RTW checks for employees who have outstanding visa applications or appeals;
RTW checks for those with student visas or those who can undertake 'supplementary employment';
using Identity Service Providers for RTW checks and the processes employers follow to obtain a statutory excuse; and
practical tips to help employers comply!

Speaker biographies:
Elaine McIlroy
Elaine heads the firm’s Immigration offering and acts for employers across the UK.
On the immigration side, Elaine has acted for employers in a range of sectors including Universities, financial services organisations, oil and gas, healthcare. She provides advice in relation to Sponsor Licence applications, compliance issues, Skilled Worker visas, business visitors, Innovator/ Start Up, Global Talent visas, Hong Kong BN(O) visas and Student visas.
Elaine also advises employers on the whole spectrum of employment law issues but has a special focus on TUPE and strategic advisory work. She regularly appears in employment tribunals across the UK and is interested in all areas of discrimination law - diversity and inclusion is a passion of hers.

Erin McLafferty
Erin has several years’ experience in providing advice to a wide range of clients on all aspects of employment law. She deals with both contentious and non-contentious employment law issues, including contract and policy drafting, settlement agreements and HR support.
Erin also regularly advises on UK immigration law with a particular focus on the points based system and sponsorship of migrant workers. She regularly advises employers on their sponsorship obligations in relation to civil penalties, compliance issues and right to work checks as well as providing advice and training to employers on the impact of Brexit to UK immigration law including the EU Settlement Scheme and Frontier Worker Permits. She also regularly provides advice in relation to Hong Kong BN(O) visas and in indefinite leave to remain, EU Permanent residence, and spousal visa applications.


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