Following our recent International Recruitment Webinar, the immigration experts at Lester Aldridge Solicitors have kindly shared this best practice guidance on offering employment to migrant workers sponsored by another employer.
What is supplemental employment?
Sponsored workers can undertake a limited number of hours’ work each week for an employer that is not their sponsor. This is known as supplemental employment.
Workers may seek such work from you directly, or may be referred via an agency.
Eligibility
To be eligible:
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The worker must remain sponsored.
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Displaced workers or those who have been dismissed from their employment with their sponsor are not eligible.
Sponsored workers can undertake supplemental employment that either:
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Appears in the Appendix Immigration Salary List, or
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Is in the same profession and at the same professional level as the job for which their Certificate of Sponsorship (CoS) was assigned.
Restrictions
Supplemental employment must not:
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Exceed 20 hours per week (including all time considered ‘working time’ under the Working Time Regulations, such as travelling or waiting time).
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Take place during the contracted hours of the worker’s sponsored employment.
Right to Work requirements
To establish a statutory excuse under Right to Work legislation, you must confirm that:
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The worker has the right to work in the UK by completing the standard Right to Work check; and
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The worker is permitted to carry out the work and meets the eligibility requirements above.
UKVI recommends asking the worker to provide a letter or evidence from the sponsor confirming:
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The worker remains employed by the sponsor;
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The job description and occupation code of their sponsored role; and
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Their contractual working hours.
Alternatively, you can request the following from the worker:
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Their contract with their sponsor;
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Their rotas (if the contract doesn’t specify normal working hours); and
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Recent payslips.
If you get it wrong
Providing supplemental employment to a worker who is not eligible or does not meet the UKVI criteria constitutes illegal employment.
This can result in a civil penalty of:
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Up to £45,000 per worker for a first offence; and
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Up to £60,000 per worker for subsequent offences.
Need advice?
Should you have any questions about supplemental employment, or other sponsorship matters, please contact our FREE Legal Helpline, operated by Lester Aldridge Solicitors, which is available until Friday 28 November.