2017 has been a political rollercoaster, we watched politicians battle it out over the remain and leave campaigns for the European Union and most recently a general election that left us with a hung Parliament. With all of this political uncertainty, particularly as we await the full effects of Brexit, what will all of this mean for foreign citizens looking for work in the UK and should we be taking our Right To Work checks and safeguarding procedures more seriously than ever?
Brexit and Right to Work checks
As the law currently stands, Right To Work checks review candidates that are legally allowed to work in the UK, only granting permission if you are: a British citizen, a European Economic Area citizen or if you are a Swiss national. Anyone outside these requirements would need to apply for a valid work permit and would need to be in the UK legally before they can obtain official employment in the UK.
However, that’s not to say that the parameters of Right To Work checks may not change over the next few years. Article 50 has now been triggered and although it hasn’t fully come into effect yet, it’s easy to see that when we have completed the process of Brexit there may be changes to the recruitment process and regulation around Right To Work checks, particularly for European Economic Area citizens. Mainly, this is due to the fact that the issue of free movement between the UK and EU Nationals is a source of debate in Brexit trade negotiations and we’re still unaware of what the final decision will be. For non-UK citizens, this is a scary prospect and for employers, this could cause a number of problems including a potential increased risk of prosecutions and a number of candidates applying for roles that they are no longer eligible for, meaning that sorting through the list of applicants will take longer.
Avoiding fines and keeping safety levels high
Looking at the current situation, we have a number of migrants seeking refuge and EU nationals moving to the UK every year, all who will be looking for employment. Therefore, it’s crucial to ensure that the candidates who apply to work within your business have a legal right to be there in order to keep safety and security levels high. If you do not comply, you could risk a penalty of up to £20,000 per illegal worker and the possibility of imprisonment, which would obviously threaten your business and livelihood.
It is down to the employer to check that candidates are legally allowed to work in the UK. The law could potentially change around this in the next few months, so it’s crucial to keep on top of legislation and remain compliant. It is your responsibility to keep all of your candidates safe and in order to do that, you need to be fully aware of who you are employing.
Here are a few things that you should be putting in place to safeguard your team, business and remain complaint:
- Put an employment screening process in place.
- Keep up to do with Right To Work regulations through the government website.
- Consult a screening agency to educate you on the correct screening procedures to put in place for your business.
If you would like to speak to a member of the CBS team regarding Right To Work checks or anything other safeguarding or screening requirements, you can contact us on 01443 799 900 or email us at: info@cbscreening.co.uk