Emma Bagshaw, Bagshaw Consulting - ‘RTW Preventing illegal working - is your company protected?’ - Right to Work checks performed pre-employment are the key to reducing legal risk. With a potential fine of £20,000 per instance and PR risk, is improving these processes on your agenda for 2015? • How the resourcing department is central to reducing risk. • Key steps to preventing illegal working • What happens when the Home Office pays a visit • Top 5 ways to reduce risk instantly

1.
|B|
Preven)ng
illegal
working
Is
your
company
protected?
Emma
Bagshaw
|B|
Bagshaw
Consul)ng
23
April
2015

2. www.preven)llegalworking.co.uk
Audit
|
Compliance
|
Training

3.
|B|
Our session today…
• Your
du)es
as
an
employer
• The
requirements
of
the
Home
Office
• Top
Tips
• Ques)ons

4. What is the law?
|B|
Compliant
with
Bagshaw
Consul)ng

5.
|B|
One simple law…
Prevent
illegal
working…!

7. Penal8es
|B|
Compliant
with
Bagshaw
Consul)ng

8.
|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

9.
|B|
What are the penal8es?
Criminal
Civil
£20k

10.
|B|
Penal8es
Civil
• Negligently
• £20,000
per
illegal
worker
Criminal
• Knowingly
• Unlimited
fine
• 2
years
in
prison
Which
penalty?

11.
|B|
Feeling awake now?
What
is
the
cumula)ve
total
of
financial
penal)es
levied
by
the
Home
Office
in
2013?
A. Less
than
£1
million
B. £1-­‐5
million
C. £6-­‐10
million
D. £11-­‐15
million

12.
|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
No)ces
of
Poten)al
Liability

13.
|B|
Reputa8onal Damage

15.
|B|
How can you avoid a penalty?
• Carry
out
the
prescribed
checks.
• 100%
reduc)on
for
carrying
out
checks
in
full.
• If
you
get
a
fine,
you
can
ask
for
a
reduc)on:
ü First
offence
ü Robust
HR
process/procedures
in
place
ü Repor)ng
suspicion
of
illegal
working
ü Working
with
the
Home
Office/UKVI

16.
|B|
“We
don’t
need
to
worry…all
of
our
employees
are
Bri)sh
Ci)zens
or
EU
residents”

17. 5 step check…
|B|
Compliant
with
Bagshaw
Consul)ng

18.
|B|
Before
Employment?
Right
to
Work?
List
A
or
List
B?
Fraud?
Records?

19.
|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
N
CONTRACT

20.
|B|
STEP 2: Right to work? Checking List A
and B
• List
A:
• Work
in
the
UK
without
limita)ons
• List
B:
• Short
term/restricted
ability
to
work
in
the
UK
• 2
further
types:
• Type
1:
)me
limited
• Type
2:
Only
provide
cover
for
6
months

21.
|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. Croa)an
workers

22.
|B|
STEP 3: Right to work?
RTW?
EEA
Plus
Switzerland
Family
member
EEA
na)onal
Bri)sh
Ci)zens
Non-­‐EEA
Croa)an
Na)onals

23.
|B|
“I’ve just applied to extend
my work permit?”
• Employers
Checking
Service
• Fill
in
form
ACCURATELY!
• Obtain
a
Posi)ve
Verifica)on
Form
• Re-­‐check
in
6
months

24.
|B|
Students
• Restricted
ability
to
work
in
term
)mes
• Unrestricted
in
holidays/course
finished
• Need
to
obtain
record
of
term
dates

25.
|B|
STEP 4…Fraud?
• Not
expected
to
be
Inspector
Morse
• “Reasonably
apparent”
• Carry
out
fraud
training
module

26.
|B|
STEP 5: How long do you need to keep
your records of RTW checks?
A. Length
of
employment
B. Employment
plus
1
year
C. Employment
plus
2
years
D. Employment
plus
6
years

27. What else?
|B|
Compliant
with
Bagshaw
Consul)ng

28.
|B|
TUPE Transfers
Outsource
|
Insource
|
Sale
60
days

29.
|B|
Employee life-­‐cycle
Start
Employment
Re-­‐check
before
expiry
of
visa
Re-­‐check
before
expiry
of
PVN
Termina)on
Before
employment
Contact
of
Employment
Policies
and
Procedures
TerminaBon
Process
Data
ProtecBon

30.
|B|
Take care…discrimina8on
UKVI
Employment
Laws
Breach
of
contract
Unfair
dismissal
(1
year)
Discrimina)on
(unlimited)
PR
Risks
£20,000

31. Test your knowledge
|B|
Compliant
with
Bagshaw
Consul)ng

32.
|B|
Meet Gilbert…mee8ng a new candidate

33.
|B|
Gilbert is given…
Pierre
Gudrun
3
June
2015

34.
|B|
Gilbert issues a..
• Full
)me
contract
• With
a
fixed
term
end
date
of
3
June
2015
• He
doesn’t
have
)me
to
copy
the
documents
but
writes
on
a
piece
of
paper
that
the
checks
have
been
completed

35.
|B|
What should Gilbert have done?

36. UKVI
are
at
recepBon…are
you
ready
to
meet
them?

37.
|B|
Ques8ons?
??
?
?

38. www.preven)llegalworking.co.uk
e:
eb@preven)llegalworking.co.uk
t:
0161
327
2435
Audit
|
Training
|
Compliance