In a detailed and extensive 22-page revocation letter with 118 paragraphs, the Home Office outlined numerous alleged breaches by our client, a prominent domiciliary care agency.
The letter claimed severe violations of sponsor duties, including issues with workers’ hours, pay, and compliance with National Minimum Wage regulations.
It was a daunting document, filled with accusations that painted our client as a non-compliant entity.
The Grounds for Revocation
The Home Office cited a multitude of breaches, including:
- Inadequate Record-Keeping: Failing to maintain proper timesheets and wage records.
- Non-Compliance with CoS Terms: Not giving the hours specified in the Certificates of Sponsorship (CoS) and employment contracts for several workers.
- Salary Discrepancies: Paying workers below the rates stated on their CoS and failing to provide a breakdown of hourly rates and not paying for the travel time.
- Unreported Changes: Not reporting significant changes in worker circumstances and reduction in salaries as required by law.
For the sake of brevity, not all breaches are mentioned here, but these examples illustrate the severity of the allegations.
The client was left devastated, feeling as though they had lost everything with no avenue for redress. The revocation letter explicitly stated there was no right of appeal or administrative review, leaving our client feeling remedy less and hopeless.
Taking Action: The Call for Legal Help
Upon receiving the revocation letter, our client immediately reached out to NARA Solicitors. Recognizing the urgency, we advised him to challenge the revocation through a judicial review. The Home Office’s assertion that there was no recourse was met with our unwavering resolve to seek justice.
Here’s how we turned the tide:
- Pre-Action Protocol (PAP): On 27th May 2024, we submitted a detailed Pre-Action Protocol (PAP) to the Home Office, urging them to withdraw the revocation decision within 14 days. Our PAP meticulously outlined the grounds for challenge, questioning the fairness and legality of their decision.
- Home Office’s Response: The Home Office, acknowledging the strength of our submission, responded on 10th June 2024. They agreed to reconsider the revocation, indicating that our arguments had not only caught their attention but also prompted a reassessment of their stance.
- Victory Secured: Just two days later, on 12th June 2024, the Home Office formally informed our client that, following our PAP, they had decided to reinstate the sponsor license. This decision was made exceptionally, acknowledging the compelling nature of our legal challenge.
Lessons for Sponsor License Holders
This victory is a testament to the fact that revocation decisions are not final. They can be challenged successfully with the right legal strategy. Our client’s story should serve as a wake-up call to all sponsor license holders:
- Do Not Wait: The Home Office’s decisions are not the final word. Immediate and proactive action can turn things around.
- Get a Compliance Audit: Regular compliance audits by experts like NARA Solicitors can identify potential issues before they become grounds for revocation.
- Seek Expert Legal Help: Don’t navigate this complex process alone. Our team specializes in Sponsor License management, Home Office compliance audits, responses to suspensions, and challenges against revocations.
Why Choose NARA Solicitors?
At NARA Solicitors, we specialize in:
- Sponsor License Services: Ensuring your compliance with Home Office requirements.
- Compliance Audits: Conducting thorough audits to pre-empt any compliance issues.
- Legal Representation: Providing robust support during Home Office audits and legal challenges against revocations.
Need help with your Sponsor License? Book a meeting with us today.
Let us help you safeguard your business and ensure compliance with confidence. We are here to support you every step of the way, turning potential disasters into success stories.
Contact NARA Solicitors Now
Don’t wait for the Home Office to come knocking. Be proactive. Be prepared. Get the peace of mind you deserve with NARA Solicitors by your side.
Also read: 5 Defined CoS Granted for Care Provider – Another Success Story
