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Business & Commercial

Employment Law for Employers

Employers that sponsor overseas staff face two regulators at once: the Home Office and the employment tribunal. We advise on both so that hiring, managing and parting with staff is done properly.

RiskCivil penalties for illegal working of up to £60,000 per worker; unfair dismissal and discrimination claims
ChangesThe Employment Rights Act 2025 is being phased in through 2026 and 2027
Our feeFixed fees for documents and settlement agreements; retainer packages for ongoing HR support; hourly rates for litigation, estimated in advance

Hiring and contracts

Every employee is entitled to a written statement of particulars on day one. A good contract goes further: confidentiality, IP, restrictive covenants that are no wider than necessary (so that they are enforceable), flexibility on place of work and duties, and clear probation and notice provisions. For sponsored workers the contract must match the Certificate of Sponsorship in job title, duties, hours and salary, and any clawback of visa costs must be drafted with care to avoid breaching sponsor duties or the National Minimum Wage rules.

Right to work checks

Before employment starts you must check every worker's right to work using the Home Office online service, an Identity Service Provider for British and Irish passports, or manual checks on original documents, and keep the evidence. A compliant check gives you a statutory excuse against a civil penalty, which is now up to £60,000 per illegal worker. Follow-up checks are needed for time-limited permission. We set up the process, train your HR team and audit existing files.

Managing and parting with staff

  • Policies and handbooks: disciplinary, grievance, sickness, flexible working, family leave, data protection, whistleblowing, equality and anti-harassment, including the duty to prevent sexual harassment.
  • Performance and conduct: advice on fair procedures under the Acas Code, investigations, hearings and appeals.
  • Redundancy and restructuring: selection, consultation (individual and collective), and the immigration consequences of dismissing sponsored workers, which must be reported within 10 working days.
  • Settlement agreements: drafting and negotiating exits, and providing the independent advice employees need for the agreement to be binding.
  • Employment tribunal claims: early conciliation, responses, preparation and representation, or a commercial settlement where that is the better outcome.

The Employment Rights Act 2025 introduces significant changes over 2026 and 2027, including changes to unfair dismissal qualifying periods, day-one family leave rights, statutory sick pay from day one, restrictions on fire-and-rehire and new rules for zero-hours workers. We update contracts, policies and processes as each change takes effect.

Employment and immigration together

For licensed sponsors the two areas overlap constantly. A change of role or salary is an HR decision and a sponsor reporting duty. An unpaid leave request has employment and immigration consequences. A dismissal ends a worker's visa. Our team advises on both sides in one conversation, and we run combined audits covering HR files, right-to-work checks and sponsor compliance.

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Frequently asked questions

Do we need a written contract for every employee?

Yes. A written statement of the main terms must be given on or before the first day of employment. A full contract also protects your confidential information and customer relationships, which the statutory minimum does not.

What happens if we employ someone without the right to work?

You can be fined up to £60,000 per worker, prosecuted if you knew or had reasonable cause to believe, and lose your sponsor licence. A properly conducted check before employment gives you a statutory excuse.

Can we recover visa costs from an employee who leaves?

Application fees and the health surcharge can be subject to a repayment agreement, provided it is a genuine, proportionate clawback and does not take pay below the National Minimum Wage. The sponsor licence fee, Certificate of Sponsorship fee and Immigration Skills Charge can never be recovered from the worker.

How much notice do we need to give?

At least the statutory minimum (one week after one month's service, rising to one week per year up to 12 weeks) or the contractual notice if longer. Fair reasons and a fair procedure are also required for employees with the qualifying service for unfair dismissal, which the Employment Rights Act 2025 is reducing.

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