Carry out checks on the immigration status of TUPE transferred employees

Key points

Employers face civil penalties for negligently employing an illegal worker, and commit a criminal offence if they knowingly employ an illegal worker or employ an illegal worker where they have reasonable cause to believe that the worker does not have the right to work in the UK.
Home Office guidance states that transferees have a certain "grace period" after the transfer in which to carry out the appropriate checks regarding the transferring employees' immigration status.
To check a transferring employee's right to work, 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.
From 28 January 2019, as an alternative to checking the employee's documents in person, the employer may be able to use the Home Office online right to work checking service.
Where the transfer involves sponsored migrants there are further duties on the transferee (as well as on the transferor).