Are sponsorship employers required to inform sponsored workers of their employment rights?

Under revised guidance, the Home Office expects employers sponsoring workers in the UK to provide them with information about their employment rights and protections under UK employment law.

The primary purpose of this is to ensure that sponsored workers are not exploited and that sponsor employers have greater compliance accountability and safeguarding responsibilities.

Sponsor employers are reminded that this requirement goes beyond issuing a contract of employment or written statement of particulars. In addition, they must maintain records of the information supplied.

The guidance does not prescribe a mandatory format for the information to be provided, but it is likely to include matters commonly found within a comprehensive employee handbook, such as statutory rights relating to flexible working, whistleblowing, health and safety, working time regulations, national minimum wage, family-friendly rights, and discrimination protections.

At present, the guidance does not highlight the consequences of non-compliance. However, it is more than likely that a failure to comply with sponsor duties could give rise to enforcement action, such as sponsorship licence downgrades, suspension, or revocation.

Considering the above, sponsor employers should keep records as evidence of compliance for a suggested minimum period of six years or more. Such records may include signed acknowledgements from sponsored workers confirming receipt of the information, induction records, training records, and written confirmations, for example via email.

If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team on 01455 852 028.