1: Introduction

1.1 Policy Overview
Redcone Recruitment Limited is committed to complying with all relevant UK immigration laws and employment regulations. This Illegal Workers Policy outlines the company’s commitment to ensuring that no individual is employed illegally and that all necessary steps are taken to verify the right to work in the UK before employment. The policy seeks to protect the company from the legal, financial, and reputational risks associated with employing individuals who do not have the legal right to work in the UK.

Redcone Recruitment Limited has a zero-tolerance approach to employing illegal workers and will take all necessary precautions to verify employees’ and contractors’ right to work in the UK. This policy is in line with the Immigration, Asylum and Nationality Act 2006 and other applicable UK immigration laws.

1.2 Purpose of the Policy
The purpose of this policy is to:

• Ensure that all employees and contractors working for Redcone Recruitment Limited have the legal right to work in the UK.
• Define the process for verifying the right to work in the UK, including conducting document checks and maintaining accurate records.
• Prevent Redcone Recruitment Limited from employing individuals without the proper legal documentation or visa.
• Ensure compliance with the UK’s immigration laws and reduce the risk of penalties for employing illegal workers.
• Protect Redcone Recruitment Limited’s reputation as a responsible employer that upholds the law.

1.3 Legal Framework
This policy is compliant with the following UK laws and regulations:

• Immigration, Asylum and Nationality Act 2006: Requires employers to conduct right-to-work checks and sets out the penalties for employing illegal workers.
• Immigration Act 2016: Enhances penalties for employing illegal workers and strengthens the right-to-work regime.
• The Equality Act 2010: Ensures that right-to-work checks are conducted without discrimination on the grounds of race, nationality, or any other protected characteristic.
• UK Visas and Immigration (UKVI) guidelines: Provides the specific requirements and acceptable documents for right-to-work checks.

2: Scope

2.1 Applicability
This policy applies to all employees, contractors, agency workers, and temporary staff working for Redcone Recruitment Limited. It also applies to third-party suppliers and contractors engaged by the company. The policy covers all recruitment and employment practices, including hiring, on-boarding, and ongoing employment.

2.2 Definition of Illegal Working
Illegal working refers to the employment of an individual who does not have the legal right to work in the UK. This may include:

• Individuals without the correct immigration status or work visa.
• Individuals working in breach of the conditions attached to their visa.
• Individuals using fraudulent documentation to gain employment.

Employing individuals who do not have the right to work in the UK is a criminal offence, and employers who fail to comply with the law may face penalties, including fines and imprisonment, as well as reputational damage.

3: Policy Details

3.1 Right-to-Work Checks

3.1.1 Pre-Employment Checks
Before offering employment, Redcone Recruitment Limited will conduct thorough right-to-work checks on all prospective employees and contractors. This includes:

• Verification of Documentation: Prospective employees must provide original documentation that proves their right to work in the UK. Acceptable documents include, but are not limited to:
  • UK passport or national identity card.
  • Valid visa or biometric residence permit.
  • Certificate of registration or naturalisation as a British citizen.
  • Right-to-work share codes for non-UK nationals.
• Checking Documents’ Validity: The company will carefully check that:
  • The documents are genuine and belong to the individual.
  • The individual has the right to undertake the type of work they are being offered.
  • The documents allow the individual to work in the UK for the duration of their employment.

3.1.2 Electronic Right-to-Work Checks
For non-UK nationals or those using digital verification systems, Redcone Recruitment Limited will use the Home Office online right-to-work check service, which allows for verification of immigration status using a share code and the individual’s date of birth.

3.1.3 Record Keeping
Redcone Recruitment Limited will keep accurate records of all right-to-work checks, including copies of documents provided by employees and contractors. These records will be stored securely and maintained throughout the duration of employment and for at least two years after the employment relationship ends, as required by law. Records will include:

• A copy of the employee’s right-to-work documents.
• The date the check was performed.
• The individual responsible for conducting the check.

3.1.4 Follow-Up Checks
Where an employee has a time-limited right to work in the UK (e.g., a visa or work permit with an expiry date), Redcone Recruitment Limited will conduct follow-up checks before the document expires. The company will ensure that:

• The employee provides updated documentation or confirmation of their extended right to work.
• Any changes to visa conditions are identified and adhered to.

Failure to provide updated right-to-work documentation or proof of continued eligibility will result in suspension or termination of employment in line with the company’s Disciplinary Policy.

3.2 Responsibilities

3.2.1 Employee Responsibilities
Employees and contractors are responsible for ensuring they hold the correct legal documentation and right to work in the UK. Employees must:

• Provide accurate and valid right-to-work documents before starting employment.
• Notify the company immediately if their right to work in the UK changes, expires, or is revoked.
• Cooperate with any follow-up checks required by the company, including providing updated documentation when necessary.

3.2.2 Employer Responsibilities
Redcone Recruitment Limited is responsible for:

• Ensuring all right-to-work checks are conducted in accordance with Home Office guidance and immigration law.
• Maintaining accurate records of all checks and follow-up actions.
• Training HR staff and hiring managers on right-to-work procedures to ensure compliance with immigration law.
• Reporting any suspicious or fraudulent documentation to the Home Office immediately.

3.3 Recruitment of Non-UK Nationals

3.3.1 Sponsorship of Skilled Workers
If Redcone Recruitment Limited wishes to recruit a skilled non-UK national under the Skilled Worker Visa scheme, the company must act as a licensed sponsor and comply with the UK Visas and Immigration (UKVI) sponsorship rules. This includes:

• Obtaining a Sponsor Licence from UKVI.
• Issuing Certificates of Sponsorship (CoS) to eligible workers.
• Ensuring that the job offered meets the criteria for skilled work and appropriate salary thresholds.
• Keeping detailed records of all sponsored workers and complying with all UKVI reporting requirements.

3.3.2 Student Workers and Work Restrictions
If Redcone Recruitment Limited employs international students, the company will ensure that they comply with the specific restrictions placed on their working hours. International students on a Tier 4 (General) visa are usually restricted to working a limited number of hours per week during term time, and the company will monitor working hours to ensure compliance.

3.4 Prevention of Discrimination
All right-to-work checks will be conducted in a manner that is compliant with the Equality Act 2010. This means that:

• No individual will be treated less favourably on the grounds of their race, nationality, or immigration status.
• All prospective employees will be subject to the same right-to-work checks, regardless of their background, to ensure fairness and equality.
• The company will ensure that employees are not selected for follow-up checks based on discriminatory criteria.

4: Reporting Illegal Working and Suspicious Activity

4.1 Reporting Suspected Illegal Working
If an employee or manager suspects that an individual is working illegally, they must report the issue to the HR department or the Compliance Officer immediately. The company will investigate the matter thoroughly and take appropriate action, which may include:

• Reporting the incident to the Home Office or UK Visas and Immigration (UKVI).
• Suspending or terminating the employment of individuals found to be working illegally.

4.2 Investigating Suspicious Documents
If a manager or HR staff member believes that the right-to-work documents provided by an employee or candidate are suspicious, they will:

• Not proceed with the employment or work assignment until the documents have been verified.
• Report any suspected fraudulent documents to the Home Office.

5: Consequences of Non-Compliance

5.1 Employee Consequences
Employees who fail to provide valid right-to-work documentation or are found to be working illegally will be subject to disciplinary action, which may include:

• Suspension: If there is uncertainty about an individual’s right to work, they may be suspended while the situation is investigated.
• Termination of Employment: If it is confirmed that the individual does not have the right to work in the UK, their employment will be terminated immediately.

5.2 Employer Consequences
Redcone Recruitment Limited acknowledges that employing illegal workers can result in serious consequences, including:

• Civil Penalties: The company could face fines of up to £20,000 per illegal worker if it is found to have employed individuals without the correct legal status.
• Criminal Prosecution: In cases of deliberate or repeated breaches of the law, the company’s senior managers may face criminal prosecution, which could result in imprisonment.
• Reputational Damage: Employing illegal workers could harm the company’s reputation, leading to loss of clients, contracts, and public trust.

6: Training and Awareness

6.1 Employee Training
Redcone Recruitment Limited will provide regular training to all HR staff, managers, and those involved in the recruitment process. This training will cover:

• The legal requirements for right-to-work checks.
• How to identify acceptable documents and recognise fraudulent ones.
• Procedures for handling suspicious documents or reporting illegal working.

6.2 Raising Awareness
The company will use internal communications to raise awareness of the importance of complying with this policy, ensuring that all employees understand the risks associated with illegal working and the procedures in place to mitigate those risks.

7: Monitoring and Review

7.1 Monitoring Compliance
The HR department will regularly review the company’s compliance with immigration and right-to-work legislation. This will include conducting internal audits of employment records, reviewing document retention procedures, and ensuring that follow-up checks are being conducted where required.

7.2 Policy Review
This Illegal Workers Policy will be reviewed annually or in response to changes in immigration law or the company’s operations. Any updates to the policy will be communicated to all employees and relevant stakeholders to ensure continued compliance.

8: Conclusion

Redcone Recruitment Limited is committed to complying with UK immigration law and preventing illegal working in any part of its operations. By adhering to this Illegal Workers Policy, the company ensures that all employees and contractors have the legal right to work in the UK. This not only protects the company from legal and financial penalties but also upholds its reputation as a responsible and law-abiding employer. All employees, contractors, and stakeholders are expected to fully comply with this policy, contributing to a fair and compliant working environment.