Employers need to be able to recruit the best people into their businesses. This may include migrant workers. The Points Based System presents particular difficulties and issues for employers including the possibility of significant fines or potentially criminal liability.
Employers need to know their rights and obligations in this complicated area of law. If employers are not able to recruit appropriate staff within the UK, they may wish to recruit from overseas. In certain circumstances, this may mean the employer needs to become an approved sponsor with the UK Border Agency (UKBA).
UKBA can send an officer to the employer’s premises at any time. If UKBA finds the employer has not complied with its obligations it can fine the employer £10,000 per employee. This is effectively an instant fine.
The UK Border Agency is entitled to audit any business without prior warning. If this happens, would your business be able to prove that it has been legally compliant?
Spratt Endicott Solicitors are able to offer a service to help businesses through this complicated area of law. Our experienced solicitors can advise HR departments on their requirements.
Do you know what to do in the following circumstances?
Spratt Endicott can come to your premises and carry out an audit to highlight any deficiencies so that you will know in advance whether or not you are UKBA compliant. We can offer this service on a fixed fee based on the number of your employees.
Alternatively, we can see you at your premises to advise you on your existing processes and advise you on any risks which we see in your business at present. We can advise you on a fixed fee basis depending on your requirements.
We can ensure that you are keeping contract records for the necessary period of time, and help you with any appeals.
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