Civil Penalty Scheme: A guide to the recent changes

The Government has recently made changes to the Civil Penalty Scheme to prevent illegal working within the UK. Our Contract Compliance Consultant Kate Davis has formed a guide about the new changes.

What’s New?

visa250As of the 16th May 2014 the government’s changes to the Civil Penalty Scheme to prevent illegal working, came into force. The existing scheme set out that an employer had the potential to be liable if they employed someone who did not have the right to work in the UK, with a maximum £10,000 fine.

As a result of the recent changes, employers now can expect up to a £20,000 penalty where an illegal worker has been employed, but also a more straightforward process to follow when checking individuals’ right to work.

Some of the principal changes are:

  • A reduction in the range of acceptable RTW documents
  • A reduction in the frequency of follow-up checks for time limited RTW documents
  • Simplified guidelines and better support for employers.

The government anticipates that these changes will reassure employers by providing them with uncomplicated and effective guidance, whilst stamping out mass illegal employment.

What does this mean for Grovelands?

The alterations to the Civil Penalty Scheme mean that Grovelands has invested in a state of the art document scanner to help detect fraudulent or stolen right to work documents when carrying out checks.

The dedicated Contract Compliance Team have all received in-depth training on how to use the equipment and this will shortly be rolled out across the business. Grovelands prides itself on carrying out detailed employment checks for all of its contractors and keeping up to date with the latest employment laws.

In addition Grovelands continues to provide clear and comprehensive employment check guidelines for all candidates prior to working with them and further checks throughout all associates’ contracts, in line with government legislation.

What does this mean for contractors?

Contractors can expect thorough RTW checks to be carried out before starting a contract and any workers with documents that prove a temporary right to work in the UK, should expect follow-up checks to occur throughout their employment. To make it clearer for both employees and employers, the Home Office has set out two clear categories of documents; ‘List A’ and ‘List B’ (with ‘List B’ containing sub-categories Group 1 and Group 2).

The category that a worker falls into will depend on the type of RTW document they hold and more information can be found on the government website.

Grovelands’ Contract Compliance team will assist our clients and contractors through these changes and are always available to ensure that all parties are fully compliant.

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