Employing Migrant Workers in the UK
Employers looking to recruit or employ migrant workers in the UK must navigate both employment law and immigration compliance requirements. Failure to comply can lead to serious consequences, including civil penalties, criminal sanctions and reputational damage.
Who Is a Migrant Worker?
A migrant worker is generally a person from outside the UK who comes to work in the UK under immigration permission. This includes those on skilled worker visas, temporary worker visas and other eligible immigration routes. However, the term may also encompass workers from abroad whose stay or status allows them to work here lawfully.
Importantly, all workers in the UK are protected by UK employment law, regardless of their immigration status, and should be treated no less favourably than UK citizens in relation to contractual rights, pay and working conditions.
Right to Work Checks – Essential for Employers
Why Right to Work Checks Matter
All UK employers have a legal obligation to verify that an individual has the right to work in the UK before employment begins. This is a fundamental legal requirement under the Immigration, Asylum and Nationality Act, designed to prevent illegal working.
A correct right to work check is one of the few ways employers can obtain a statutory excuse against civil penalties if it later emerges that an individual did not have lawful permission.
When and How to Check
Employers must undertake right to work checks before a migrant worker starts employment, typically through:
- inspecting original identity documents such as passports, visas or biometric residence permits;
- using the Home Office online right to work service (share code verification); or
- in some cases, using the Employer Checking Service where documentation is not immediately available.
Checks must be documented and retained in personnel records. Follow-up checks are necessary where work permission is time-limited to maintain the statutory excuse.
Sponsoring Overseas Workers
Employers who wish to recruit migrant workers from abroad often need a Home Office sponsor licence. Routes commonly used include the Skilled Worker visa and other temporary worker categories.
A sponsor licence allows an employer to issue Certificates of Sponsorship (CoS), which the migrant then uses to apply for a visa. Becoming a sponsor imposes specific duties, including:
- keeping accurate records of sponsored workers
- reporting changes in employment status to UK Visas and Immigration (UKVI)
- complying with immigration conditions attached to the licence
- ensuring that sponsored workers are genuinely employed and paid appropriately
Failure to meet sponsorship duties can result in licence suspension, revocation or enforcement action.
Employment Rights – Treat All Workers Equally
Migrant workers, once legally employed, enjoy the same employment rights as other UK workers. This includes:
- entitlement to at least the National Minimum Wage/Living Wage
- paid annual leave and statutory sick pay
- protection against discrimination and harassment
- entitlement to rest breaks and other basic employment rights
Employers should not discriminate against migrant workers on the basis of nationality, race or any protected characteristic under the Equality Act 2010. If a policy or practice disproportionately disadvantages migrant workers, employers may need to justify it as a proportionate means of achieving a legitimate aim. Immigration status itself is not a protected characteristic, but discrimination based on race or nationality is unlawful. For further information on discrimination click here.
Penalties for Employing Individuals Without Permission
Employers who fail to carry out right to work checks or employ someone without legal permission face serious sanctions, including:
- civil penalties (fines of up to £60,000 per illegal worker)
- referral notices leading to potential enforcement action
- adverse impact on Home Office licence status
- reputational damage and possible criminal liability
Practical Steps for Employers
To employ migrant workers compliantly:
- Integrate right to work checks into your recruitment and onboarding procedures.
- Retain evidence of checks and set reminders for follow-up checks where necessary.
- If recruiting from abroad, consider whether you need a sponsor licence and comply with sponsor duties.
- Ensure pay, benefits and working conditions meet legal standards.
- Train HR and recruitment staff on immigration compliance and anti-discrimination obligations.
- Review contracts and policies to reflect immigration-related responsibilities.
How We Can Help
If you would like to know more, or need help with applying for a Sponsor Licence, please email Laurence Dunn at laurencedunn@dcemployment.co.uk.
