Tips for Human resource managers on the Home Office right to work rules and regulations banner


Tips for Human resource managers on the Home Office right to work rules and regulations

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The one job that most London employment lawyers know that they have not got the skill set to carry out is Employment as a human resources manager. The combination of people handling skills and the ability to process paperwork maybe skills that all top employment law solicitors generally possess but most top employment law solicitors recognise that they would not make a great human resources manager.

At OTS Solicitors our specialist employment law team realise that as well as human resource managers needing to juggle their day to day tasks they also need to quickly grasp the essential elements of any new employment law and Immigration legislation and the accompanying Home Office guidance on the rules and regulations. That can be a tall order whilst a human resources manager is also trying to find recruits in a challenging Employment market or is trying to find the time to carry out annual staff appraisals or deal with a long running employee grievance.

Home Office guidance on the right to work rules

The recently updated Home Office guidance on right to work regulations is just another document to land onto the desks of busy human resource managers. All most human resource managers want to know is:

• The key changes;

• How existing procedures may need to be adapted to comply with the new guidance;

• Any changes to the consequences or penalties of failing to comply with the new right to work regulations.

Key changes and the new Home Office guidance on right to work checks

The Home Office has published additional guidance on right to work checks. The key point for human resource managers is to not only follow the guidance but to also properly record compliance with the right to work regulations.

However personable and efficient a human resources team is when it comes to an investigation as to whether the correct right to work checks have been conducted the audit will succeed or fail on the strength of the quality of recording and documenting the right to work paperwork. Put simply, there needs to be a paper trail but , as importantly , the trail has to be compliant with the laws relating to data collection and of course avoid any allegations of discriminatory workplace practises in relation to the recruitment of new workers and their retention.

To add to the workload of human resources teams there is now:

• A requirement to contact the Employers Checking Service if a potential new employee provides paperwork suggesting that they are a non EEA national who has been lawfully living in the UK since 1988 but does not have the correct right to work documents;

• A requirement to not proceed with the Employment of a prospective employee who does not have the correct paperwork and whose situation has been referred to the Employers Checking Service. Employment cannot commence until the Service has issued the employer with a Positive Verification Notice that states that the prospective employee has the right to work;

• A requirement to have congoing right to work checks on current employees who have limited Immigration status and therefore their right to work status is of limited duration and will require further checks.

How can employers and companies avoid problems relating to Immigration status checks on employees?

No employer or company can completely eradicate the risk of facing civil proceedings, a criminal case or an employee tribunal claim but the best advice from top London employment law solicitors is to:

• Ensure you take regular employment law advice and check your Employment procedures with your London employment law solicitors;

• Make sure your London employment law solicitors are not just focussed on employment law but can also advise you on the complexities of Immigration law, data protection legislation and are proactive in protecting your company;

• Make sure that it is not just the company directors who are aware of developments in the law but all the company human resources staff and key personnel;

• Carry out audits to checks that the recording of Immigration status checks is being carried out in accordance with the law and specific company procedures as there is no merit in training staff to follow procedures if they do not record and review checks on employee records.

Top London employment law solicitors should be proactive in keeping employer clients aware of developments in this complex and fast paced changing area of law. At OTS Solicitors we pride ourselves on offering both large and small companies bespoke employment law training services on compliance and prevention and on detailed legislation and guidance, such as right to work and Immigration status checks.

At OTS Solicitors we believe that knowledge and the prevention of problems cropping up is better for a company than an employer only seeking advice from top London employment law solicitors once there is an employment law problem.

Generally it is more expensive in terms of legal fees and disruption to the business of an employer to ignore an employment law problem or to not keep up to date with employment law procedures or maintain records. That is why OTS Solicitors believe it is in the employer clients’ interests to have a proactive employment law team on their side to stop the small issues becoming large and expensive employment law problems. That is achieved by OTS Solicitors providing employment law training programmes catering to the individual company needs as well as sensible, accessible top London employment law advice.

OTS Solicitors are specialist in employment law matters. For more information on right to work rules and employer duties in relation to employee Immigration status checks or advice and support on any aspect of employment law please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London employment solicitors.

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