Emma Bagshaw – ‘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|
Preventing illegal working
Is your company protected?
Emma Bagshaw
|B| Bagshaw Consulting
19 March 2015

2. www.preventillegalworking.co.uk
Audit | Compliance | Training

3. |B| Our session today…
• Your duties as an employer
• The requirements of the Home Office
• Top Tips
• Questions

4. What is the law?
|B| Compliant with Bagshaw Consulting

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

7. Penalties
|B| Compliant with Bagshaw Consulting

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 penalties?
Criminal
Civil
£20k

10. |B| Penalties
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 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

12. |B|
Is your company likely to receive a visit
from UKVI?
8,573UKVI compliance visits 2013-14
£15,600,000 fines
70% increase in Notices of Potential Liability

13. |B| Reputational Damage

15. |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

16. |B|
“We don’t need to worry…all of our
employees are British Citizens or EU
residents”

17. 5 step check…
|B| Compliant with Bagshaw Consulting

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

20. |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

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. Croatian workers

22. |B| STEP 3: Right to work?
RTW?
EEA
Plus
Switzerland
Family member
EEA national
Commonwealth
Colonies
British Citizens
Non-EEA
Croatian
Nationals

23. |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

24. |B| Students
• Restricted ability to work in term times
• 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 Consulting

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
Termination
Before
employment
Contact of EmploymentPolicies and Procedures
Termination Process Data Protection

30. |B| Take care…discrimination
UKVI
Employment
Laws

31. Test your knowledge
|B| Compliant with Bagshaw Consulting

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

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

34. |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

35. |B| What should Gilbert have done?

36. |B| Emma’s Top Tips
Student time-tables
Before employment
Croatian workers
Records
Audit
1
2
3
4
5

37. UKVI are at reception…are you ready to
meet them?

38. |B| Questions?
?? ??

39. www.preventillegalworking.co.uk
e: eb@preventillegalworking.co.uk
t: 07786326594
Audit | Training | Compliance