This month immigration officials detained 35 employees from Byron Hamburger Restaurants in London. This is in line with the Home Office’s new focus on right-to-work documentation and prosecution for illegal workers.
The employer confirmed they had carried out all the necessary right-to-work checks and followed the correct processes, but suggested that false papers were presented.
This case occurred before the new Immigration Act legislation came into effect on 12 July. The Home Office would now have the right to increase fines, prison sentences and shut down a business for up to 48 hours.
Byron were deemed as having fulfilled their obligations and no prosecution was deemed necessary. Following the new legislation, a different approach may now be taken. Businesses should continue to review right-to-work documentation in line with the new legislation.
If you need any advice around right-to-work documentation or suspect that you may have current employees that are not following the correct procedure, please speak to one of the FusionHR team on 01924 827869.