Employers should tell new recruits to bring along proof of the right to work in the UK on the day they start their role, ahead of new rules coming into force concerning illegal working, an HR consultant has warned.

The new rules, effective from 1 October, provide that companies, found to be in breach of the immigration laws by employing illegal workers, may find themselves on the end of a 48-hour closure of their business.

Further court orders can then close the business for up to 12 months. This is in addition to the hefty fines and prosecution already in place.

Consequently, Enrique Garcia, employment law consultant at HR consultancy ELAS, told Recruiter employers should ensure new starters should be forewarned in their offer letter that they should attend work on their first day with evidence of the right to work – and if they don’t, the start of their employment will be delayed until they provide it.

In a statement, Garcia said: “If a new employee attends work without the relevant proof of right to work then they should be sent home to start the next day bringing the proof with them. If an employee has a visa with an expiry date, a clear diary note should be made to update when the visa is expiring. It is not good enough to say that you didn’t realise it had expired.

“It’s now more important than ever for employers to protect themselves by undertaking the proper employment checks on their workers. On the very first day of employment the first thing an employer should do is introduce themselves to the new employee and then take a copy of their passport, visa or other document that gives them the right to work. This is so critically important that it should be the very first thing an employer does.”

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