Key Updates in the Right to Work Checks Guidance Supplementary Employment

Additional 20 hours a week contract

In light of the recent updates to the Right to Work guidance it is important for employers to stay informed about the new guidelines regarding supplementary employment and right to work checks. The Home Office has made several significant changes that impact how supplementary employment can be undertaken, especially for those on the Skilled Worker route.

This guidance was updated on the 12th of February 2025

Supplementary Employment

The Skilled Worker guidance states that a Skilled Worker can undertake supplementary employment if the supplementary employment is in an occupation listed in Tables 1, 2 or 3 of Appendix Skilled Occupations.

Workers on the following sponsored routes can undertake supplementary employment that appears in Appendix Immigration Salary List or is in the same profession and at the same professional level as the job for which the certificate of sponsorship (CoS) was assigned:

Image by christina-wocintechchat sourced from unsplash.com

Continuous Employment

The Right to work guidance[1] is very clear that unless you fall under the exception, supplementary employment will only be permitted if the sponsored worker continues to work for their employer

The supplementary employment must not:

1. exceed 20 hours per week
2. take place during the contracted hours for their sponsored employment

 

Statutory Excuse

In order to obtain a statutory excuse against a civil penalty, you are required to confirm that the sponsored worker has the right to work in the UK and is allowed to carry out the work in question.

 

Right to Work Check-Supplementary Employment

Before the migrant worker starts working for you;

In order to meet this requirement, amongst other things you need to ask the sponsored worker to provide a letter or other evidence from the Sponsor confirming;

1. They are working for their sponsor
2. Job Description and Occupation code (if applicable)
3. Their contractual working hours

 

When the migrant worker is working for you;

You will no longer have a statutory excuse if, during their employment with you, you become aware that a sponsored worker is working in breach, and you continue to employ them; in that;

1. You believed that the sponsored worker has stopped working for their employer;
2. You believed that their contractual hours have changed, and you did not take action to verify and confirm whether they are still eligible to work the 20hours a week for you.

Course of Action

If you discover that the sponsored worker is working in breach, the guidance makes the following recommendations which may include;

1. Contacting the Home Office for support
2. And/or taking steps to terminate their employment

Contact Our Immigration Solicitor

For advice and guidance on navigating this new guidance contact our immigration expert on (+44) 7369247389 or click here to complete our online referral form.

Additionally, please click here to download and read through the [1] Employer’s guide to right to work checks