Podcast | Workforce Worldview

    Right To Work Checks – What's Changed in The Employer's Guide

    November 2024
    Region: Europe
    Featuring:

    In this episode of our Workforce Worldview podcast, we join May Cheung and Annabel Mace as they discuss what you need to know about recent changes to the guidance on right to work checks. They run through what's changed, how employers can comply with new requirements and give their thoughts on how the changes have been implemented.


    Who does the new right to work guidance apply to?

    After the September employer's guide update, right to work guidance still applies to all employees. However, now where they are not a direct employee you must still carry out right to work checks to comply with your sponsor duties. That said, it is still unclear whether this requirement will only affect employers with sponsorship licences.

    Do right to work checks have to be conducted on contractors and labour providers?

    The new guidance says you are strongly encouraged to do right to work checks on all workers in your supply chain. These additional checks would require changes to terms and conditions with contractors to require them to do the checks needed.

    How have employer follow-up checks for work visas changed?

    Any employee with pre-settled status under the EU settlement scheme no longer will need follow-up checks. This is now in line with new Home Office rules regarding pre-settled status. However, if that employee loses their pre-settled status, or their visas is revoked their employer must take appropriate action.

    How does new guidance change supplementary worker requirements?

    The new guidance doesn't change much about supplementary work for visa holders, but it does clarify requirements. In order to qualify for supplementary work (essentially a second job without a separate visa), a worker may only work 20 additional hours a week outside of their first position’s normal hours and employers must confirm that the person has the right to work in the UK, is allowed to carry out the work in question and they also need to check that that person is still working to their original sponsor.

    Featuring

    May Cheung London
    Annabel Mace London

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