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Home Office issues updated employer guidance on right to work checks

.Under sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006, employers have a duty to prevent illegal working in the UK by carrying out prescribed document checks on people before employing them to ensure they are lawfully allowed to work.

.Under sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006, employers have a duty to prevent illegal working in the UK by carrying out prescribed document checks on people before employing them to ensure they are lawfully allowed to work. On 16 May 2014, changes came into force to strengthen and simplify the civil penalty scheme for employers, which included some changes to the document checks employers are required to undertake and the Home Office guidance for employers was amended to provide further clarification to the scheme. The guidance, ‘An employer’s guide to right to work checks’, has been updated again and a summary of the changes can be found at Page 4 which provide clarification primarily in respect of Biometric Residence Permits (BRPs), Residence Cards (biometric format), as well as administrative reviews which have replaced many rights of appeal against immigration decisions. Employers are advised to review their procedures to ensure they are up-to-date.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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