HCS Business Matters 7 October 2008
Recruiting & Employing Migrant Workers – Employers Checklist
We sent out an e-reminder on 23rd September discussing upcoming legal changes and have been inundated with requests for more information on the subject of employment of migrant workers. Here is our practical guide with some do’s and don’ts in employing migrant workers:
Do:
* Devise and implement standard procedures for carrying out pre-employment checks (remember that HCS can carry out pre-employment checks on your behalf, releasing you of this burden)
* Keep a copy of the document(s) provided by a job applicant on file throughout the whole period of employment and for six months after they leave
* Be aware of the categories of job applicant who require a work permit to work in the UK
* Ensure that workers from defined EU countries register with the Home Office within one month of commencing employment
* Make sure that any work permit application is made well in advance of the person starting work
* Apply for a fresh work permit if planning to transfer an existing worker to a different position within the same organisation (BEWARE - this is one you may miss!)
* Be prepared to provide evidence that a full and thorough search of resident labour market has been carried out before applying for a work permit for an overseas national
Don’t:
* Refuse employment to a job applicant solely on the grounds of their nationality
* Make assumptions about a particular job applicant’s right to work in the UK
* Treat job applicants inconsistently when asking for documentary evidence of the right to work in the UK
* Permit an overseas national who requires a work permit to commence work in the UK until the work permit has been obtained
* Employ overseas students studying at a UK University for more than 20 hours per week
* Employ a working holidaymaker (who will be a commonwealth citizen aged 17 – 30) for more than 12 months in total
If you have a more complex query relating to the recruitment of Migrant Workers, why not call us today on 0141 776 6456 for a no obligation consultation with a qualified Consultant?
Otherwise our comprehensive briefing document is available by contacting Claire on claire.connor@humancapitalservices.co.uk
21 October 2009, webeditor
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