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|B| Preven)ng illegal working
Is your company protected?
Emma Bagshaw |B| Bagshaw Consul)ng
23 April 2015
www.preven)llegalworking.co.uk
Audit | Compliance | Training
|B| Our session today…
• Your du)es as an employer • The requirements of the Home Office • Top Tips • Ques)ons
What is the law? |B| Compliant with Bagshaw Consul)ng
|B| One simple law…
Prevent illegal working…!
Penal8es |B| Compliant with Bagshaw Consul)ng
|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 penal8es?
Criminal Civil
£20k
|B| Penal8es
Civil • Negligently • £20,000 per illegal worker
Criminal
• Knowingly • Unlimited fine • 2 years in prison
Which penalty?
|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
|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
|B| Reputa8onal Damage
|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
|B| “We don’t need to worry…all of our employees are Bri)sh Ci)zens or EU residents”
5 step check… |B| Compliant with Bagshaw Consul)ng
|B| Before Employment?
Right to Work?
List A or List 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
N CONTRACT
|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
|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
|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
|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
|B| Students
• Restricted ability to work in term )mes • 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 employment B. Employment plus 1 year C. Employment plus 2 years D. Employment plus 6 years
What else? |B| Compliant with Bagshaw Consul)ng
|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
Termina)on
Before employment
Contact of Employment Policies and Procedures
TerminaBon Process
Data ProtecBon
|B| Take care…discrimina8on
UKVI Employment Laws
Breach of contract
Unfair dismissal (1 year)
Discrimina)on (unlimited)
PR Risks
£20,000
Test your knowledge |B| Compliant with Bagshaw Consul)ng
|B| Meet Gilbert…mee8ng a new candidate
|B| Gilbert is given…
Pierre Gudrun 3 June 2015
|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
|B| What should Gilbert have done?
UKVI are at recepBon…are you ready to meet them?
|B| Ques8ons?
?? ?
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www.preven)llegalworking.co.uk e: eb@preven)llegalworking.co.uk t: 0161 327 2435
Audit | Training | Compliance
