How A “Statutory Excuse” Can Save Your Business £100,000

This is the fine a restaurant near Bristol faces if the owners are found guilty of not establishing a statutory excuse.

The reality is that ineffective controls, procedures and a general relaxed attitude to conducting right to work checks can be a ticking time bomb.

If a business either unintentionally or unknowingly engages an employee that does not have the required right to work status the directors will be liable for prosecution.

How can this be avoided?

The only way to avoid such a catastrophe is to ensure there is a rigorous process in place to conduct right to work checks in order to establish a statutory excuse. In essence, it’s proof that when you employed someone, you carried out the necessary checks to establish their right to work in the UK.

Even if you ultimately employ an illegal worker by mistake, with a statutory excuse in place, you’re exempt from prosecution.

How can a ‘statutory excuse’ be established?

There are a number of stages that you need to tick off to establish a full statutory excuse. The Government publishes a raft of information that details these steps; what you need to ensure is that whoever is undertaking recruitment across your organisation is that they always follow these steps – without fail.

What can go wrong?

There are several pitfalls to avoid and it cannot be over-emphasised the diligence that needs to be observed when undertaking these vital checks. There are many things to watch out for including:

  • Students – visa restrictions on working hours
  • Change of name –not matching on documents
  • Expiring documents – noting when re-checks are required