Talentometry Briefing: Failing to do your Right To Work checks could cost you £60k from the first quarter of 2024

As political positions become sharper moving towards the General Election season, it may not surprise you to see that The Minister for Immigration Robert Jenrick has announced one of the biggest shake up of penalties since 2014 when it comes to fines for employing illegal workers.

In short, the fines are set to be tripled.

The current fines for employing illegal migrants are:

  • £15,000 for a first-time breach
  • £20,000 for repeat breaches

How much will the penalties increase to?

The penalties will triple to:

  • £45,000 for a first-time breach
  • £60,000 for repeat breaches

When will the increased fines be implemented?

The Government is yet to announce an exact date but have suggested some time in 2024 – as early as the first quarter of 2024.

Further to the above the Home Office are likely to consult on options that further penalise licenced businesses who are employing illegal workers.

It is the responsibility of UK Employers to conduct RTW check s on every individual they intend to hire.

These checks must be carried out before the individual starts work, and should be completed for every job, whether full-time, part-time, permanent or temporary.

For many of our clients, Talentometry provide a pre-check service. This has two key benefits –

1) you do not waste valuable time interviewing candidates who then might fail RTW checks prior to offer generation

2) This pre-check provides an additional pair of eyes on RTW eligibility to help decrease risks when it comes to RTW breaches – a capacity that will be welcomed from an often under-resourced HR function within SMEs.

When announcing the policy, the Minister made clear the priority of the policy:

Making it harder for illegal migrants to work and operate in the UK is vital to deterring dangerous, unnecessary small boat crossings. Unscrupulous landlords and employers who allow illegal working and renting enable the business model of the evil people smugglers to continue.

“There is no excuse for not conducting the appropriate checks and those in breach will now face significantly tougher penalties”.

What can you do to improve compliance and reduce risk?

With the increased penalties set to come in from early 2024, employers should take this opportunity to ensure that they not only have robust internal policies in place but that they have also partnered with a Talent Agency who employ consultants that are up to date with the legal requirements giving you a second pair of eyes when it comes to making sure the correct checks have been carried out on all prospective employees.

If you would like to talk to us about how we could support you in providing compliant Talent Acquisition services, contact Recruitment Director Zack Raja: z.raja@talentometry.co.uk

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