Firm warns of care sector scrutiny around Right to Work

CARE operators are being urged to review their Right to Work processes amid new soaring penalties for businesses that breach the rules.

Full-service law firm Thorntons is hosting a free webinar about the changes, which get under way next year. Its employment and immigration experts have advised that care businesses are more likely to be affected by the new rules following a surge in overseas recruitment.

The civil penalty for employers, which was last increased in 2014, will be raised to up to £45,000 per illegal worker for a first breach from £15,000, and up to £60,000 for repeat breaches from £20,000.

Details of the fines will be published on the UK Government’s website, creating reputational issues for affected firms.

In the UK it is up to employers to ensure members of their workforce are legally entitled to work in the country, but there have been numerous changes to the system in recent years.

Since Brexit, only British and Irish citizens have an automatic right to work in the UK. EU nationals who came to the UK on or after 1 January 2021 no longer automatically qualify.

In addition, the right to work varies depending on the type of immigration permission held. Many visa-holders have “restricted work rights”.  This means there are limits placed on their right to work, such as the number of hours they can work or the role they can perform.

Thorntons’ Right to Work webinar takes place between 9.30am and 10.30am on Wednesday, November 15 and is suitable for HR and recruitment professionals, managers and business owners.

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