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Border Security, Asylum and Immigration Bill: proposed extension of right to work checks to contractors raises compliance burdens, severe penalties and worker status risks for gig and zero-hours sectors

Published on: 10 April 2025

Published by a Law360 reporter
Legal News
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Article summary

Visa checks in zero-hours and gig sectors

Home Secretary Yvette Cooper has backed a new duty for firms employing zero-hours and gig workers to verify visas, saying it will help create fair competition for the many compliant businesses. The sectors most affected include food delivery, courier operations, beauty salons and construction companies...

However, lawyers caution that the forthcoming amendment to the Border Security, Asylum and Immigration Bill, currently before the House of Commons, could pose serious challenges for smaller firms unfamiliar with the shifting demands of immigration compliance...

  • Fines of up to £60,000 per illegal worker
  • Potential temporary closure of the business
  • Disqualification of company directors
  • Prison sentences of up to five years for the worst offences

Antonia Torr, a partner at Fladgate LLP, warned that right to work checks, though billed as straightforward, can be unforgiving when errors occur. She noted clients facing £60,000 in penalties despite conducting checks, but not on the first day of employment because teams were busy...

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