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Right to Work in the UK

Key Points

  • The Immigration, Asylum and Nationality Act 2006 provides that it is a criminal offence to employ a person knowing that they are not legally entitled to work in the UK.
  • Imprisonment and or financial penalties apply for directors who employe staff working illegally.
  • An employer should retain evidence to show that an employee has a right to work.
  • Depending on the evidential documents provided by the employee, rechecks may be necessary over time. 
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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