Prevention of illegal working and establishing the right to work in the UK

A note on the duty of employers to prevent illegal working and the checks employers must carry out to ensure employees have the right to live and appropriate right to work in the UK. The note outlines the obligations and sanctions imposed on employers under the Immigration, Asylum and Nationality Act 2006 and extended by the Immigration Act 2014. It also covers the increased penalties and further tightening of measures to prevent illegal working contained in the Immigration Act 2016.

For information on the rules that apply to those individuals employed before 29 February 2008, see Practice note, Establishing the right to work in the UK (prior to 29 February 2008).

Nick Hobson, Morgan, Lewis & Bockius LLP

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