RIGHT TO WORK FOR EMPLOYEES OF SWISS COMPANIES IN THE UK

All UK employers, including owners of Swiss companies based in the UK, are responsible for preventing illegal employment. Conducting proper document checks can protect Swiss business owners in the UK from civil penalties and prosecution.

The Right to Work for Employees of Swiss Businesses in the UK

Employers, including Swiss companies employing workers in the UK, must verify that every employee has the legal right to work in the UK before they start working. If you wish to employ a worker from outside the European Economic Area, they must have or obtain permission to work.

You need to obtain documents from either List A or List B provided by the Home Office:

• List A: For individuals with indefinite permission to work in the UK.

• List B: For individuals with limited permission to work in the UK.

Obtaining and correctly documenting these in the prescribed format provides a "statutory excuse" against civil penalties if it is later found that the worker did not have the right to work. Failure to obtain the exact documents listed will mean you do not have a statutory excuse.

Document Checking Procedure for Swiss Companies in the UK

• Presence Check: Verify the documents in the presence of the document holder before employment starts.

• Verification: Ensure the documents appear genuine and belong to the holder.

• Recording: Record that each verification point has been checked.

• Copy and Retain: Make a clear copy of each document in a non-alterable format and keep these copies securely for at least two years after the employment ends.

• Follow-Up Checks: If the person has limited permission to work, conduct additional checks when their permission expires.

Non-Discrimination and Compliance

It is unlawful to discriminate in employment based on race. To avoid discrimination, Swiss-owned businesses in the UK should check the right to work documents of all potential employees.

• If a potential employee cannot prove their right to work, do not employ them.

• If a current employee with time-limited permission cannot prove their right to work in a follow-up check, you must cease employing them.

How Can Swiss Companies in the UK Avoid Civil Penalties?

By conducting appropriate right to work checks, Swiss companies operating in the UK can avoid civil penalties. Suitable document checks will provide a statutory excuse, protecting Swiss businesses in the UK from liability.

• Prosecution: Document checks will not protect you if you knew or should have known the worker did not have permission to work.

• Public Records: The Home Office publishes lists of civil penalties imposed on companies, accessible to the public. They also issue press releases naming companies that have employed illegal workers.

• Sponsor Licence Applications: Any history of employing illegal workers will affect future applications for Tier 2 or 5 Sponsor Licences.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss companies based in Switzerland and the UK.

Our specialist UK immigration lawyers are experts in the required right to work checks for UK-based employers. We collaborate with Swiss businesses with operations in the UK to ensure robust HR processes and can assist in designing and auditing current right to work checks. We simplify the process, helping to protect you and your business from immigration compliance issues.

We pride ourselves on being approachable and proactive in meeting our clients' needs. Our dedicated team provides clear and reliable immigration advice to Swiss companies as part of a professional and friendly service.