The UK’s hospitality sector is strongly impacted by immigration rules and policies post-Brexit. One of the most pressing issues is the intricate relationship between immigration policies and the industry’s workforce. This intersection has given rise to a myriad of challenges, impacting both employers and employees alike.

The primary difficulty faced by the hospitality sector is the constant struggle to find and retain skilled personnel. The industry thrives on a diverse and multicultural workforce, with individuals from diverse backgrounds contributing to the vibrant variety of services offered. However, stringent immigration policies can hinder the recruitment of international talent, leaving a noticeable gap in the labour market.

Visa restrictions and bureaucratic hurdles further complicate matters for businesses in the hospitality sector. The time-consuming and often convoluted visa application processes can impede the swift deployment of skilled workers, causing staffing shortages which can adversely affect the quality of service. This issue is particularly acute during peak seasons when demand is high, exacerbating the strain on establishments.

Moreover, the uncertain political climate surrounding immigration policies adds an extra layer of complexity for businesses in the hospitality sector. Frequent changes in regulations and an unpredictable policy environment can leave employers grappling with ambiguity, making long-term planning and investment in human resources a daunting task.

Pre-Brexit EU low-skilled workers made up approximately 37% of workers in the hospitality industry. In the post-Brexit landscape, the UK witnessed a surge in EU citizens arriving after 01 January 2021 (the deadline for most people to apply to the EU Settlement Scheme), applying for visas under the EU Settlement Scheme. A significant challenge emerged as positive Right to Work (‘RTW’) verification checks were granted while their immigration applications were still pending. This led to inadvertent misunderstandings among employers who believed these individuals possessed the necessary visa permissions to work in the UK. In reality, however, this was not the case.

This misinterpretation of visa status has had substantial repercussions for businesses, resulting in many unknowingly violating immigration regulations and subsequently facing civil penalties of up to £20,000 per unlawful worker. The Home Office has recognised the need to put in place safeguarding measures for employers, and significant changes have since been implemented in the realm of RTW checks. These changes aim to establish a stricter framework, fostering a more secure environment for immigration processes and, concurrently, shielding employers and businesses from unintentional legal pitfalls. As the landscape evolves, it becomes imperative for businesses to stay abreast of these changes and ensure adherence to the latest RTW verification protocols.

There are multiple trigger points for UK Visas & Immigration to conduct RTW compliance visits, often with little to no advance notice.

Right to Work Compliance

A civil penalty of up to £20,000 may be issued against your business for each illegal worker found to be employed, regardless of the length of their employment. In early 2024, this penalty is set to increase to £45,000 per illegal worker for the first offence, with subsequent offences incurring fines of up to £60,000 per illegal worker.

There are multiple trigger points for UK Visas & Immigration to conduct RTW compliance visits, often with little to no advance notice. These triggers include information obtained from HMRC or other government departments, tip-offs from former employees or customers, or random visits. Immediate action is essential to ensure that your RTW check systems are fully compliant with UK immigration law, establishing a legal defence against potential civil penalties or other enforcement actions.

Right To Work Training

Clarkslegal offers RTW sessions tailored to equip your team with the essential skills and knowledge to ensure compliance with UK immigration law. The bespoke training covers crucial topics such as permitted forms of RTW checks, detailed steps for each type of check, recent changes post-EU Settlement Scheme, and adjusted rules during the Covid-19 pandemic. Topics also include the RTW rules for employees with Student/Tier 4 (General) Student visas, detection of false/fraudulent documents, usage of the Employer Checking Service, and termination on RTW grounds while avoiding discrimination claims.

Right to Work Audit

Our Right to Work Audit serves as a proactive measure to guarantee your business’s compliance with UK immigration law. The comprehensive audit covers:

• Addressing relevant changes in UKVI guidance
• Testing the practical application and effectiveness of recruitment, onboarding, and employee monitoring processes and systems
• Identifying any necessary updates to UK immigration policy documents, employee handbooks, employment contracts, or offer letters
• Reviewing HR policies and procedures related to recruitment, attendance/absence tracking, right-to-work checks, visa expiries, and onboarding/recruitment policy documents

Choose the audit option that best suits your business:

• Remote Audit: Ideal for flexibility, billed on an hourly basis.
• On-Site Audit: Available in half-day and full-day options, tailored to your needs.

Invest in the knowledge to protect your business and proactively address Right to Work compliance.

For employers, navigating immigration challenges can result in a sense of instability and vulnerability. The fear of sudden policy changes can create a tense atmosphere, impacting the overall morale of the workforce. This, in turn, can affect productivity and the quality of customer service, elements crucial to the success of any hospitality business.