Consider the scenario; you employ a qualified new worker in your residential or homecare business, you’ve solved a problem, one less thing to worry about, and they’re keen to start work. Unfortunately, some months later, you are contacted by the Home Office and told that you are employing a worker without the legal right to work in the UK. At this point you, as the employer, you are liable to crippling fines of a minimum of £45,000 and, once the CQC are notified, could be subject to a reduction in your rating to Inadequate making it so much more work filling your capacity with new customers and retaining the existing ones. Whilst larger organisations might be able to ride this out, it could well spell the end for a sole trader or smaller team.
Recent changes to the law have significantly increased the risk to your organisation of sizeable fines for employing workers who do not have the legal right to work in the UK, either at the point you employ them or if that right lapses while they are under contract. The onus on you, should you be found to be liable is to prove that you have done all in your power to check and verify all employees right to work. Best practice is to hold a company-wide recruitment Policy which clearly states your intent to check every individual and the method by which you intend to carry out those checks, that you have a process for re-checking docs when necessary and you have a regular and robust audit process. Make sure any staff on your team involved with employing overseas staff are aware that they must always see original right to work documents and always double check them against home office records.
Remember that if you are not clear then do get in touch with us on assistance@hcpa.co.uk If the hub team don’t know they have partners who we work with who will be able to support you.
For further reading and guidance please refer to https://www.gov.uk/check-job-applicant-right-to-work