New right to work check rules for the gig economy and zero-hours workers
In the latest move to restore order to the UK’s immigration system and clamp down on illegal working, the government is introducing new rules extending right to work checks to businesses hiring gig economy and zero-hours workers.
Companies hiring people in the gig economy will now be legally required to carry out checks confirming that anyone working in their name is eligible to work in the UK, bringing them in line with other employers. These vital checks, which take just minutes to complete, confirm someone’s immigration status and allow them to legally work in the UK.
This means that for the very first time, employment checks will be extended to cover businesses hiring gig economy and zero-hours workers in sectors like construction, food delivery, beauty salons and courier services.
Currently, thousands of companies using these flexible arrangements are not legally required to check the status of these workers. With the new rules, this will change and employers will need to adjust.
Home Secretary Yvette Cooper said: “Under our Plan for Change, we are restoring order to the asylum and immigration system by introducing tougher laws and bolstering enforcement action to tackle illegal working and stopping rogue employers in their tracks.
These new laws build on significant efforts to stop organised immigration crime and protect the integrity of our borders, including increasing raids and arrests for illegal working and getting returns of people who have no right to be here to their highest rate in half a decade.”
Businesses that fail to conduct right to work checks will face hefty penalties already in place for those hiring illegal workers in traditional roles, including fines of up to £60,000 per worker, potential business closures, director disqualifications and even prison sentences of up to 5 years.
What is a right to work check?
All employers are required by law to carry out right to work checks on each individual they intend to hire, to check the worker has the necessary immigration permission to work in the UK.
These checks form an integral part of employer compliance under the UK Immigration Rules, which state that all employers have a responsibility to prevent illegal working.
Employers must carry out one of the following checks before employment commences:
- A manual right to work check.
- An online right to work check.
- A right to work check using IDVT through the services of an Identity Service Provider (IDSP).
Conducting any of these checks in accordance with the Home Office guidance on right to work checks will provide the employer with a statutory excuse which defends against liability for a civil penalty.
The checks take minutes to complete, and the Home Office provide this free of charge, with businesses able to utilise digital ID verification technology to support the process. There is also support in place for employers with enquiries about the process.
Immigration and compliance support for your business
These new rules are likely to impact many small businesses that have previously had little or no experience of carrying out right to work checks on their employees.
In order to avoid fines and penalties for your business, it is essential to understand your legal obligations as an employer of gig economy or zero-hours workers.
Smith Stone Walters specialises in immigration services for businesses of all sizes, and can provide advice and practical support on right to work checks and all other areas of immigration compliance. To find out more about our services, please contact us today.
