Current guidance overview Some of the changes proposed by the Bill going through parliament How to de-risk your on-boarding process

1. Right to Work
How hard can it be?
Stefan Sosnowski
Director
25th February 2016 (Talent Leaders Connect)
This document does not constitute legal advice and only reflects the opinions of the author

2. How real is the impact?
This document does not constitute legal advice and only reflects the opinions of the author

3. Illegal working civil penalties - penalties issued
between 1 January & 30 June 2015
£10,585,000 in the first 6 months 2015 (avg£19,638 per fine)
representing 859 illegals
Regions
Number of
penalties
Number of
illegal
workers
found
Value of
penalties
issued (£)*
LSE ME NEYH NW SNI WSW
254
405
67
131
52
71
71
92
37
92
58
Key:
LSE - London
& South East
England
ME - Midlands
& Eastern
England
NEYH - North
East England,
Yorkshire &
Humberside
NW - North
West England
SNI - Scotland
& Northern
Ireland
WSW - Wales
& South West
England* This figure is the gross value of penalties issued. The recoverable value will be reduced
due to adjustments made following objections and/or appeals.
68
£870,000£1,677,500£4,995,000 £1,132,500 £835,000 £1,075,000
This document does not constitute legal advice and only reflects the opinions of the author

4. Black and White or Shades of Grey?
This document does not constitute legal advice and only reflects the opinions of the author

5. Right to Work as per the
No Photocopies
or faxes!
Are you sure that the
document holder is
the owner?
Ensure checks are done
before workers start
and you can prove it
As an employer you are required to check that your employees are allowed
to work in the UK. If you employ illegal workers you could be liable for a civil
penalty. The penalty is now up to £20,000 for each illegal worker and you
may also be prosecuted up to 2 years imprisonment if guilty.
This document does not constitute legal advice and only reflects the opinions of the author

6. Do you employ students?
• Make sure you have proof that they are studying
• Immigration controlled students (Tier 4) - 20hrs per week
Current rules in place - Check the small print
Expired Passports
• Allowable for UK and EEA member states not for others
• Checks on the anniversary expiry of right to work
documents instead of every 12 months
• Expired country ID cards for Europe not accepted
Additional checks you should have for certain documents
• For a number of documents you must received positive
confirmation from the Employer Checking Service before you
employ – remember these are typically valid for 6 months
This document does not constitute legal advice and only reflects the opinions of the author

7. Current rules in place - Check the small print
Re-emphasise - do NOT discriminate
– Use the same process for all applicants
including the same time of checking
Working time restricted employment
– Tier 2 General - sponsored employees can do an additional
20hrs per week for another company as long as their visa
is still valid – check the endorsement carefully
Timing of checks
– Before they start & record date of check
– Allow time where additional approval is
needed
– Extension in the time to perform right to
work checks for TUPE transfers up to 60 days
This document does not constitute legal advice and only reflects the opinions of the author

8. The Immigration Bill 2015-16
This document does not constitute legal advice and only reflects the opinions of the author

9. 9
A few highlights from the Bill …..
Increase in prison sentence from 2 to 5 years
illegal working becomes a criminal offence
Seizure of earnings as criminal proceeds
Unclear impact for employers
Will Landlords still be toasting?
Inspectors can close down
licenced premises.
February 2016 national role
out of Right to Rent. Up to
£3,000 per illegal found.
This document does not constitute legal advice and only reflects the opinions of the author

10. A few more tasters ….
Need to be legal to have a UK driving licence
Could result in confiscation of the car
Public sector language requirements - a customer
facing role do they speak fluent English?
Enforcement penalty unclear
Individual appeals against illegal
working orders ‘must be brought from
outside the United Kingdom’.
Employers appeal time to penalties
reduced from 31 to 21 days
This document does not constitute legal advice and only reflects the opinions of the author

11. De-risking the employment process
Put a procedure in place, monitor it, perform spot checks to ensure
it is being adhered to and keep an eye on the regulations and
guidance to ensure it is current.
Alternatively consider the use of technology.
Do you know what valid documents look like and what security
features they contain? Could you spot a forgery?
Will you know when the rules change?
This document does not constitute legal advice and only reflects the opinions of the author

12. Technology is here to help
Technology options available:
1. Copy documents and store the documents electronically
2. Compare against electoral role etc.
3. Perform validation (check MRZ code)
4. Perform authentication (check all security features of the passport)
5. Perform authentication and overlay Home Office guidelines
This document does not constitute legal advice and only reflects the opinions of the author

13. How technology can help – Obtain
This document does not constitute legal advice and only reflects the opinions of the author

14. How technology can help - Check
This document does not constitute legal advice and only reflects the opinions of the author

15. How technology can help - Copy
This document does not constitute legal advice and only reflects the opinions of the author

16. Right to Work
How hard can it be?
Questions &
Thank you
Stefan Sosnowski
Director
25th February 2016 (Talent Leaders Connect)
This document does not constitute legal advice and only reflects the opinions of the author