0370 270 6000

Right to work checks – are you compliant?

1 August 2016

It has been widely reported that employees from Albania, Brazil, Nepal and Egypt working in the burger chain Byron have been arrested by officers at restaurants where they were working. The Home Office confirmed that Byron had fulfilled its obligations to check employee documents and therefore will not be facing legal action - the employees are alleged to have falsified their documents.

This serves as a reminder to employers to ensure that they have carried out right to work checks by obtaining one or more of the documents contained in the Home Office Guidance, checking these in the presence of the employee, keeping a copy securely and making a diary note for any follow-up checks. These actions will provide a statutory excuse against paying civil penalties. Following the arrests, a wave of protests has arisen on social networks against Byron’s cooperation with the Home Office in setting up an apparent ‘sting’. It will be interesting to see if possible negative publicity will impact employers’ decisions to cooperate in the future.

Related opinions

Demotion: A One-Off Act With Continuing Consequences, or a Continuing Act?

In Parr v MSR Partners LLP and others, we discuss what the Court of Appeal was asked to consider a preliminary issue.

View blog

Four-day Working Week – the Future of Work?

In our Employment Survey 2021: Focus on Flexibility, we looked at a number of working developments including the notion of a four-day working week.

View blog

‘Gay cake’ discrimination case ruled inadmissible by ECHR

This case has been rumbling on for over seven years. It relates to a bakery’s refusal to make a cake with the slogan ‘support gay marriage’.

View blog

High Court demonstrates importance of well-drafted restrictive covenants as enforcement succeeds “in its entirety”

Restrictive covenants restrict what employees can do for certain periods of time following termination of the employee’s employment. Employers should review restrictive covenants whenever an employee, director, or consultant changes their role.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up