Right to work checks on the way for gig economy

The government clampdown on illegal working will see right to work checks extended to workers in the gig economy and zero-hours workers as part of the Border Security, Asylum and Immigration Bill.

Whilst the Bill has yet to become law, it is important that businesses are aware that the change is on the near horizon, and are ready for their new responsibilities. The introduction of right to work checks for these workers represents major change, and government figures suggest the new rules could bring between 2.5 million and five million additional working arrangements within scope.

Until now, checks have been used for employment situations where there is a traditional contract of employment in place, but not for these more flexible working arrangements. The change will particularly impact sectors like construction, food delivery, beauty salons and courier services, which rely heavily on a flexible workforce engaged on non-traditional lines. Some companies, like Deliveroo, already operate right to work checks, alongside a range of other verification procedures.

Right to work checks are carried out by employers, and are the means of proving someone’s immigration status, allowing them to work legally in the UK. As such, they have become part of the government’s planning ‘to strengthen the entire immigration system, restoring tough enforcement of the rules and undermine people smugglers using the false promise of jobs for migrants’.

The rules are backed up by tough penalties. In addition to reputational damage, a business that doesn’t comply could face civil penalties, including fines of up to £60,000 per worker. There is also the potential for business closures, director disqualifications and even prison sentences of up to five years for employing someone you know or have reasonable cause to believe doesn’t have the right to work in the UK.

Keeping on top of employment legislation is already a challenge. A recent Home Office survey into employer understanding of right to work checks found that most employers (80%) answered at least one question wrong, and with this latest change, there is yet another layer of compliance for businesses to get to grips with. We are always on hand to help. Please contact us with any questions you may have.

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