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|B|
Preventing illegal workingIs your company protected?
Emma Bagshaw|B| Bagshaw Consulting
19 March 2015
www.preventillegalworking.co.uk
Audit | Compliance | Training
|B| Our session today…
• Your duties as an employer
• The requirements of the Home Office
• Top Tips
• Questions
What is the law?|B| Compliant with Bagshaw Consulting
|B| One simple law…
Prevent illegal working…!
Penalties|B| Compliant with Bagshaw Consulting
|B| Time to wake up!
What is the maximum penalty for employing an illegal worker?
A. Imprisonment
B. Unlimited Fine
C. £20,000 per illegal worker
|B| What are the penalties?
CriminalCivil
£20k
|B| Penalties
Civil• Negligently
• £20,000 per illegal worker
Criminal
• Knowingly
• Unlimited fine
• 2 years in prison
Which penalty?
|B| Feeling awake now?
What is the cumulative total of financial penalties levied by the Home Office in 2013?
A. Less than £1 million
B. £1-5 million
C. £6-10 million
D. £11-15 million
|B|Is your company likely to receive a visit from UKVI?
8,573 UKVI compliance visits 2013-14
£15,600,000 fines
70% increase in Notices of Potential Liability
|B| Reputational Damage
|B| How can you avoid a penalty?
• Carry out the prescribed checks.
• 100% reduction for carrying out checks in full.
• If you get a fine, you can ask for a reduction:First offence
Robust HR process/procedures in place
Reporting suspicion of illegal working
Working with the Home Office/UKVI
|B|
“We don’t need to worry…all of our employees are British Citizens or EU residents”
5 step check…|B| Compliant with Bagshaw Consulting
|B|Before
Employment?
Right to Work?
List A orList B?
Fraud?
Records?
|B| STEP 1: ‘Before employment’?
Minnie starts work at 9.30 am on 21 March 2015 …
A. 20 March 2015
B. 21 March 2015 before 9.30am
C. 22 March 2015
|B|STEP 2: Right to work? Checking List A and B• List A:
• Work in the UK without limitations
• List B:• Short term/restricted ability
to work in the UK
• 2 further types:
• Type 1: time limited
• Type 2: Only provide cover for 6 months
|B|Which of the following groups cannot work in the UK?
1. Students studying in the UK
2. Non-EEA workers
3. Asylum seekers
4. Business visitors
5. Croatian workers
|B| STEP 3: Right to work?
RTW?EEA
Plus
Switzerland
Family member EEA national
Commonwealth
ColoniesBritish Citizens
Non-EEA
Croatian
Nationals
|B| “I’ve just applied to extend my work permit?”
• Employers Checking Service
• Fill in form ACCURATELY!
• Obtain a Positive Verification Form
• Re-check in 6 months
|B| Students
• Restricted ability to work in term times
• Unrestricted in holidays/course finished
• Need to obtain record of term dates
|B| STEP 4…Fraud?
• Not expected to be Inspector Morse
• “Reasonably apparent”
• Carry out fraud training module
|B|STEP 5: How long do you need to keep your records of RTW checks?
A. Length of employmentB. Employment plus 1 yearC. Employment plus 2 yearsD. Employment plus 6 years
What else?|B| Compliant with Bagshaw Consulting
|B| TUPE Transfers
Outsource | Insource | Sale
60 days
|B| Employee life-cycle
Start Employment
Re-check before expiry
of visa
Re-check before expiry
of PVN
Termination
Before employment
Contact of EmploymentPolicies and Procedures
Termination Process Data Protection
|B| Take care…discrimination
UKVIEmployment
Laws
Test your knowledge|B| Compliant with Bagshaw Consulting
|B| Meet Gilbert…meeting a new candidate
|B| Gilbert is given…
Pierre Gudrun
3 June 2015
|B| Gilbert issues a..
• Full time contract
• With a fixed term end date of 3 June 2015
• He doesn’t have time to copy the documents but writes on a piece of paper that the checks have been completed
|B| What should Gilbert have done?
|B| Emma’s Top Tips
Student time-tables
Before employment
Croatian workers
Records
Audit
1
2
3
4
5
UKVI are at reception…are you ready to meet them?
|B| Questions?
?? ??
