Employers offering part-time employment to workers sponsored under the Skilled Worker route must ensure compliance with the rules governing supplementary employment.
Any breach of these rules can result in civil penalties, criminal offences, or the loss of a sponsor license for employers who hold one.
The supplementary employment guidance states that supplementary employment is permitted only if the following conditions are met:
Occupation Requirements The supplementary employment must be in an occupation listed in Tables 1, 2, or 3 of Immigration Rules Appendix Skilled Occupations
Hours of Work The supplementary employment must not exceed 20 hours per week.
Timing of Employment The supplementary employment must take place outside the contracted hours of their primary sponsored job.
Primary Sponsor The worker must continue to work for their primary sponsor.
Employer Obligations
The Right To Work Check Guidance states that employers must meet the following obligations to remain compliant:
Online Right-to-Work Checks Employers must conduct an online right-to-work check prior to the worker’s start date. The check must verify that the worker has the right to undertake supplementary employment in the UK. Employers must retain a record of the online right-to-work check securely, which should include the worker’s profile, the date of the check, and confirmation of their eligibility to work. The employer should also keep a record of the worker’s right-to-work documents.
Follow-Up Checks Employers must conduct follow-up checks for workers with a time-limited right to work before the permission expires to retain the statutory excuse.
Evidence from the Primary SponsorEmployers must request and retain documentation confirming the following:
i. The worker is actively employed by their primary sponsor.
ii. The job description and occupation code for their primary sponsored role.
iii. Details of their contracted working hours.
Monitor Compliance Employers must ensure the worker continues to meet all eligibility criteria for supplementary employment throughout their period of employment.
Civil Penalties for Breaches
Employers found in breach of the rules by employing someone without the right to work in the UK may face the following penalties under the law:
Civil Penalty Amounts For a first breach, a penalty of up to £45,000 per illegal worker. For repeat breaches, a penalty of up to £60,000 per illegal worker.
Statutory Excuse Employers can establish a statutory excuse against liability for a civil penalty by conducting the prescribed right-to-work checks and retaining the required documentation. Failure to perform these checks removes this statutory protection.
Offences Relating to Illegal Working
Criminal Offence of Employing an Illegal Worker Under the law, an employer commits a criminal offence if they knowingly employ someone who does not have the right to work in the UK. The consequences for this offence include: An unlimited fine. Imprisonment of up to 5 years.
Impact on Sponsor License Holders Employers holding a sponsor license who are found in breach of supplementary employment rules may face: Revocation of their sponsor license. Suspension or other sanctions, depending on the severity of the breach.
Losing a sponsor license can severely impact the ability to sponsor Skilled Workers in the future, thereby disrupting recruitment and operational activities.
Risk Mitigation Strategies
To minimise risks and ensure compliance:
Document Retention Retain all right-to-work check records securely for the duration of the worker’s employment.
Regular Audits Conduct internal compliance audits to ensure that all workers employed under supplementary employment rules meet the prescribed conditions.
Training and Awareness Ensure that HR and recruitment teams are familiar with the rules for supplementary employment and the consequences of non-compliance.
Conclusion
Employers must strictly adhere to the rules for supplementary employment to avoid civil penalties, criminal charges, or the revocation of their sponsor license.
How NARA Solicitors can help
Partnering with Nara Solicitors Sponsor License, Audit, and Legal Services provides you with expert support to ensure compliance, address license challenges, and maintain operational integrity.
At Nara Solicitors, we provide a comprehensive range of services to assist employers in managing sponsor licenses, ensuring compliance, and addressing legal challenges. Our services include:
Sponsor Compliance and Audit Services Ensuring adherence to Skilled Worker, supplementary employment rules, and immigration rules. Conducting audits to identify potential risks and ensure compliance with Home Office requirements.
Sponsor License Management Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and legal compliance.
Representations Against Suspension or Revocation Filing representations against the suspension or revocation of sponsor licenses to help you retain your license and continue operations.
Judicial Review Challenges Challenging sponsor license revocations in the High Court of Justice King’s Bench Division (Administrative Court) by way of Judicial Review, ensuring that your rights as a sponsor are fully protected and any unlawful decisions are addressed.
