Recruitment background checks
As immigration and sponsorship rules tighten and pay rates determine whether workers can be employed in the UK, a recently highlighted tribunal case has cast light on whether an employer can lawfully pay a sponsored worker more than a non-sponsored worker doing the same role.
Immigration law specialists have welcomed a u-turn on Home Office guidance requiring employers sponsoring migrant workers to conduct right-to-work checks on anyone they "directly engage". In the past three months there have been three updates to the Home Office guidance about whom sponsors should conduct right-to-work checks on - the latest, published on 20 May, could bring much relief to employers with licences to sponsor workers.
The Home Office will assess skilled worker and global business mobility applications to ensure jobs are genuine and meet eligible role requirements. Companies must maintain compliance throughout the sponsorship period.
On 20 May 2026, the Home Office amended its guidance for sponsors, reversing previous guidance it had issued on 6 March 2026, which appeared to require sponsors to check the right to work of all workers they engage, including those they do not employ directly. The new guidance confirms that checks on workers who are not direct employees are only required if they are sponsored by the employer.
This guide has been reviewed and updated with further detail, including confirmation that permitted weekly working hours must not be averaged out and further detail on managing working hour restrictions for research students without clearly defined vacation periods.
The recent case of Kankanalapalli v Loesche highlights the importance for HR professionals of distinguishing between conditions precedent and subsequent when making job offers. Employers should review offer letters to ensure that conditions are clearly framed as conditions precedent where appropriate, with a statement that the offer may be withdrawn if those conditions are not met.
From 6 April 2026, employers must keep records that are “adequate” to show compliance with statutory annual leave and holiday pay entitlements, including carried-over leave.
Fees payable to the Home Office when recruiting and sponsoring foreign nationals increase on 8 April 2026.
This guide provides an overview of regulated activities involving children and vulnerable adults under the Safeguarding Vulnerable Groups Act 2006. It covers what is considered regulated activity, describes key rules and obligations, and highlights exclusions.
This guide outlines the rules for rehabilitation periods - the length of time after which an individual's conviction becomes "spent" - as set out in the Rehabilitation of Offenders Act 1974.
HR and legal information and guidance relating to recruitment background checks.