Ask The Expert: Michael Bradshaw on Employing Overseas Workers
2008 will be a year of significant and ongoing changes in connection with employing overseas workers and business immigration matters generally. From 29 February 2008, there has been a new Code of Practice in force setting out the “right to work” checks, which employers need to carry out. This date also saw the start of the Government’s new enforcement regime, which includes “on the spot” penalties for employing illegal workers (whether intentionally or not) of up to £10,000 per illegal worker. The Government has also begun the roll-out of the new five tier immigration system which will replace over eighty current business and study visas. This all means that dealing with the UK immigration system and rules during 2008 will be more testing than ever.
My top 5 tips for employing overseas workers are:
- Plan ahead: consider the immigration issues as early as possible and don’t forget the worker’s family when it comes to visa applications
- Ensure your information is up to date, as we undergo a year of change in the immigration rules
- Make sure all basic terms and conditions, as well as special ex-pat arrangements, are fully documented and agreed before employment in the UK begins
- Pro-actively manage any expiring visas or permits, deal with extensions in plenty of time and follow due process where termination of employment is involved
- Carry out the required follow-up checks for all foreign workers with limited leave to remain
Michael is a Partner in the Employment & Pensions Service Group at Charles Russell LLP and has extensive experience in all areas of employment law covering both contentious and non-contentious matters. Michael also leads a team of specialists in business and executive immigration matters and has over 10 years’ experience in advising on immigration matters for clients from a range of sectors including: the financial services industry; TV and media; sports and leisure; and IT and manufacturing.
Michael will be speaking at JSB`s `Managing Workforce Mobility` conference in July later this year.
