Carry out checks on the immigration status of TUPE transferred employees

Key points

  • Employers face civil penalties for negligently employing illegal workers, and commit a criminal offence if they knowingly employ illegal workers.
  • Home Office guidance states that transferees have a certain "grace period" after the transfer in which to carry out the appropriate document checks regarding the transferring employees' immigration status.
  • The employer should, within the specified period following the transfer, check and retain a copy of either one document, or two in a specified combination, from the prescribed lists, taking reasonable steps to verify their authenticity.
  • Where the transfer involves sponsored migrants there are further duties on the transferee (as well as on the transferor).

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