Business Immigration law expert, Anna-Elise Harvey of Clarion, is making businesses in the region aware of the Government’s forthcoming changes to right to work checks which will require them to adapt their processes in order to ensure compliance. From 6 April 2022, employers will no longer be able to accept physical right to work documentation from certain categories of new employees, but will instead have to undertake checks on their right to work in the UK using the Home Office’s online system.

The legal change is part of the Government’s move to digitalisation and applies to new employees who hold status on a Biometric Residence Permit or a Biometric Residence Card, or who are frontier workers. Retrospective checks will not be required for those who have presented these types of documents on or before 5 April 2022, provided the checks were done in line with the guidance at the time.

“While in the long term this move online should make the checking process easier for employers, we’re conscious that some business owners and HR professionals may not yet be aware of it,” explains Harvey. “As well as needing to adapt their own systems and implement appropriate training for staff performing these online checks, they may also be faced with the practical issue of making new job applicants understand why their physical documents can no longer be accepted. For some applicants, there could be issues around getting online access or technical challenges to overcome.”

Harvey continues: “This is just one of a number of changes expected in the coming months as the UK adjusts to its new position in the world post-Brexit, and it highlights the need for businesses which regularly recruit from overseas to keep abreast of this complex area of law. Given the risk of incurring fines of up to £20,000 per illegal worker, losing their sponsor licence and even criminal sanctions in extreme cases, it is vital that employers regularly review their processes and ensure staff are fully trained. For this reason, Clarion is hosting a webinar in March to consider where we are just over a year on from the introduction of the new immigration system, to address some of these issues and provide practical advice for employers.

“With such a competitive employment market, increasing numbers of businesses, particularly in the IT, leisure and healthcare sectors, are looking for skills overseas – employers need to understand the consequences of the end to freedom of movement both to and from the EU, and to have access to specialist resources and knowledge if they are to safely navigate through this fast-changing landscape and ensure compliance.”

During 2022, a number of other changes are expected. After positive feedback on the Covid-adjusted right to work checks using video calls and scanned documents, these have been extended until 5 April 2022. An announcement is awaited about whether this will be extended again, or if the Home Office is ready to unveil a tool to enable employers to check a wider range of employees’ right to work statuses online.  

It is the Home Office’s intention to introduce a new digital right to work check solution to include many who are currently unable to use its online checking service, including UK and Irish citizens. This will include permitting digital identity verification via authorised third parties for a fee. Their view is that this will enable checks to continue to be conducted remotely, but with enhanced security – a popular move for many employers, although some are concerned about what the introduction of a paid-for service will mean. 

Another likely change will be the introduction of a ‘Global Business Mobility visa’ which is expected to combine and reform some of the existing business immigration routes, with the aim of providing more options for sending personnel from eligible overseas companies to the UK. In addition, a new ‘high potential’ individual visa route is being touted – although the criteria are as yet unknown, they are likely to be linked to top qualifications from high-ranking universities across the world, and may not require a job offer.  

Harvey continues, “With some employers still unaware that they are legally required to perform right to work checks for all new employees, including British citizens, this is an often misunderstood and neglected area. Over the next two years, we’re expecting a host of announcements, including rolling IT changes and updates expected for sponsors, so it’s more important than ever that businesses protect themselves, keep up to date with changes, and mitigate risk by seeking expert advice.”

£850 million worth of COVID-19 support grants are still available nationally and firms in England have been encouraged to apply by Business Minister, Paul Scully. The funding has been made available by government to councils in England for them to provide to businesses in need in their local area. Businesses are encouraged to apply to their local council for the funding. The funding is made up of £556 million available through the £635 million Omicron Hospitality and Leisure Grant (OHLG) scheme, which launched in January 2022, and a further £294 million through the Additional Restrictions Grant (ARG) scheme which has been paying out funding since November 2020. The OHLG scheme provides businesses in the hospitality, leisure and accommodation sectors with one-off grants of up to £6,000 per premise, supporting those that had been most impacted by the Omicron variant. To provide further support to other businesses, the ARG scheme provides councils with funding they can allocate at their discretion to businesses most in need, such as personal care businesses and supply firms. The government encourages councils to provide the funding to businesses as quickly as possible. Small Business Minister Paul Scully said: “We’re working to get our economy running on all cylinders again so we can focus on making the UK the best place in the world to work and do business, creating jobs along the way. “Eligible businesses should apply as soon as possible for the grants available to help them put the pandemic behind them and get on a sounder footing to achieve success.” The government has provided support for businesses throughout the pandemic, including VAT cuts, business rates holidays and government-backed loans all collectively worth around £400 billion. The £22 billion of grant support to businesses during the pandemic is made up of several support schemes including for small businesses and local restrictions support.

Leeds manufacturer, Pland Stainless, has reported a positive 10% growth in sales during 2021, despite the market challenges faced with the Covid-19 pandemic and Brexit uncertainty. The business, which has been manufacturing stainless steel products, mainly for the commercial market since 1919, has seen the largest growth on bespoke made-to-measure products from all sectors including healthcare, catering, secure accommodation, and education. Pland had a busy year all round with lots of investment secured in the business too. They purchased and have been trialling two robots for welding and polishing, designed to be used for repetitive tasks, particularly where vibration causes health and safety concerns for their skilled polishers.  They have had a new guillotine machine installed, a new heavy lifting machine for stainless steel sheets, additional space heaters for the building and new racking for storage. The building, which has been occupied by Pland for over 100 years, also required some maintenance and during 2021 they re-covered parts of the roof and disposed of a 60-year-old press no longer in use.  The press, which weighed in at 80 tonnes, had to be cut in half to be removed at a cost of over £16,000.  All this as well as investing in more finished stock to secure supply and maintain lead times for customers. “2021 was a busy year for everyone at Pland, but a successful one and it’s all credit to the team that we achieved so much in very challenging and uncertain times.”  Said Steve Duree, MD of Pland Stainless, who has over 40 years of service with the business. “We have to plan our steel supply a year in advance and submit our intended usage to our supplier. Forecasting is never an exact science, but it was particularly difficult in the current climate. Our stockholding has increased by around 25% to ensure continuity of supply and all at a time when overall steel prices were running around 18-25% higher than the prior year.” Pland Stainless managed to finish the year without any price increases being passed to their customers, albeit in January 2022 they have had to succumb to a 6% product increase. In a business where there is so much fluctuation in raw material prices and a need to constantly invest in the latest, expensive machinery and technology, the experience of the team has a massive contribution to its success.  Pland’s employee retention record is certainly above average with a number of employees achieving over 30 years of service with the business. It employs traditionally skilled craftsmen and continually recruits apprentices to learn and continue the trades.  It’s this experience and knowledge, coming from years in the market, that has helped Pland make the right choices over the past two years, helping it to grow in unprecedented times.

Experts in office design, fit out and refurbishment, APSS is celebrating 25 years of supporting businesses across the country to create inspirational and impressive workspaces. Founded in 1997, Darren Crookes started out on his own with two fitters to install office partitions and storage solutions for local businesses in the Lincoln area. Laurence Barrass, Managing Director for APSS said: “We now employ over 35 people and still work in partnership with our very first customer, Siemens. It’s incredible to think we have now completed over 10,000 different projects for our customers which span from Cornwall to Aberdeen. “Since the start, we have always helped smaller businesses as they remember the quality of service they receive from us, they grow as a company, then they turn into some of our biggest customers over the years. The partnership and bond we have with them is fantastic. It’s where we want to be – recognised as the company you can trust.” APSS has naturally evolved from a partitions and storage solution company to provide a full design and fit out service across a range of sectors. It has adapted to include its own in-house joinery department to speed up delivery time on projects and decrease overall costs for customers. Recently, the company has seen a change at the helm as Laurence Barrass became the new Managing Director, taking over from Darren who took a step back from the day to day running of the company, but remains as Chairman. “To reach 25 years in business is a huge milestone for any company,” Laurence said. “We have survived recessions and a pandemic which no one could have prepared for. There was a worrying time when offices nationally were closed to workers and this being key to our business. But thanks to the knowledgeable skill of our staff and the flexibility it allows for, as a company we were able to adapt to better support our customers who were going through exactly the same challenges we were facing. “We helped businesses which sold online to adapt their warehouse to cope with the additional stock levels required. Many of our key customers, like Wren Kitchens, used the down time in the offices to create a better and safer working environment ready for the post pandemic return to the office. “It’s been a bumpy ride, but an exciting one. We know many companies have had to shift to a more flexible, hybrid way of working thanks to the pandemic. It has been great to support so many in transforming their current office space to better suit that style of working.” When the company was first founded, it was all about trying to get the message out. The location in the Yellow Pages was an important consideration. Everything was faxed and drawings were all done by hand. To build up the business founder Darren Crookes knocked on every door he could find to obtain local clients. Many of which we are still working with. However, after a while, customers started saying ‘you know you’re doing that, well can you get carpets, and can you get furniture?’ It was a natural progression from the partitions, racking and storage the company originally provided – and still does. It opened up the marketplace and APSS began to offer more of a service driven product. “During the recession, APSS helped businesses to utilise their existing workspaces, similar to now after the pandemic. The only difference back then was it was about how we could squeeze as much in to the space as possible. Now it’s more about how to create a flexible working environment with space for people to move around the office without being crowded,” Explained Laurence. APSS works with a wide range of companies across the UK including Wren Kitchens, Slimming World, Octopus Energy, Siemens, University of Lincoln and Bakkavor to name just a few. “Over the years we have installed all sorts of different and quirky things from hidden bathrooms to Google inspired slides. As fun and different as these things are, our primary focus has always been ensuring our customers have a productive, efficient workspace that leaves a great impression.”