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Legal Considerations When Hiring Skilled Workers 

Legal Considerations When Hiring Skilled Workers

For businesses operating in sectors like Engineering, Shipbuilding and Automotive, access to skilled labour is essential. However, navigating the legal framework surrounding the recruitment of skilled workers (especially from overseas) requires a clear understanding of current regulations, employer responsibilities and compliance risks.

At Aureol Global Connections, we specialise in providing skilled workers to industries facing labour shortages, with a strong emphasis on legal integrity and workforce compliance. This article outlines the key legal considerations employers must keep in mind when hiring skilled workers in the UK and Ireland.

1. Understanding Work Eligibility and Visa Requirements

The first and most fundamental legal requirement is confirming that a worker is eligible to work in the country. This includes checking documentation, verifying identity and ensuring the right type of visa is in place if the worker is from outside the UK or EU.

United Kingdom

Since the end of free movement following Brexit, employers in the UK must follow the Points-Based Immigration System. Skilled workers from overseas need to apply for a Skilled Worker visa, which requires:

  • A job offer from a licensed sponsor
  • A role on the eligible occupations list
  • Minimum salary thresholds
  • Proficiency in English

Employers must hold a sponsor licence from the Home Office in order to recruit from overseas. Sponsorship carries specific responsibilities, such as reporting changes in employment, keeping records and ensuring the employee remains compliant.

Ireland

In Ireland, non-EEA nationals require an employment permit to work legally. The two main types are:

  • Critical Skills Employment Permit, for roles experiencing labour shortages
  • General Employment Permit, for other types of skilled work

Each type has specific eligibility criteria regarding salary, qualifications and contract terms. Employers must ensure that roles meet Department of Enterprise, Trade and Employment (DETE) requirements and that the appropriate permit is obtained before employment begins.

Failure to comply can result in penalties, reputational damage and legal action. In both jurisdictions, it is unlawful to employ someone who does not have the legal right to work.

2. Right to Work Checks and Documentation

Employers must conduct right to work checks before employment starts and retain evidence. This is not simply a box to tick,  it provides a statutory defence in case of an inspection or audit.

UK Process

In the UK, right to work checks must follow Home Office guidance:

  • Check the original documents or use the Home Office online checking service
  • Confirm the documents are valid and belong to the person
  • Make and retain copies in a secure format

Employers who fail to carry out proper checks can face civil penalties of up to £20,000 per illegal worker and potential criminal sanctions.

Ireland Process

In Ireland, employers must:

  • Request original passports or national ID cards
  • Confirm visa or permit conditions
  • Retain copies of permits and monitor expiry dates

The Employment Permits Act 2006 outlines the obligations on employers and penalties for breaches, including fines and imprisonment.

3. Equality, Discrimination and Fair Recruitment

Recruiting skilled workers, whether local or overseas, must comply with anti-discrimination laws.

Key Principles:

  • Do not base hiring decisions on nationality, race, religion, age, sex, or any other protected characteristic.
  • Ensure recruitment criteria are relevant, objective and non-discriminatory.
  • Provide equal treatment in pay, working conditions and opportunities once employment begins.

In the UK, these obligations are enforced under the Equality Act 2010. In Ireland, they are outlined in the Employment Equality Acts 1998–2015.

For example, it is lawful to specify language proficiency for a job if it is necessary to perform the role safely and effectively. However, blanket exclusions of non-native speakers would be considered discriminatory.

Recruitment agencies and employers must also avoid practices such as charging workers recruitment fees, which is illegal in both countries and a breach of ethical hiring standards.

4. Contractual and Employment Law Obligations

Once a worker is hired, the legal relationship must be properly documented and managed.

Employment Contracts

Under both UK and Irish law, employees must receive written terms and conditions of employment, often referred to as a contract of employment, which outlines:

  • Job title and duties
  • Working hours and location
  • Pay, holiday entitlement and benefits
  • Notice periods and grievance procedures

In Ireland, employers must issue a written statement of core terms within five days of starting employment, as required by the Employment (Miscellaneous Provisions) Act 2018.

Working Time and Pay

Both jurisdictions enforce limits on working hours and require minimum rest periods:

  • In the UK, the Working Time Regulations 1998 cap weekly working hours at 48 (unless the worker opts out)
  • In Ireland, the Organisation of Working Time Act 1997 provides similar protections

Minimum wage laws also apply. In 2025:

  • The UK National Living Wage is £11.44 per hour for those aged 21 and over
  • The Irish National Minimum Wage is €12.70 per hour

Employers must maintain payroll records and provide payslips in compliance with tax and social insurance laws.

5. Health and Safety Responsibilities

Skilled workers often operate in environments with inherent risks. Employers have a legal duty of care to provide a safe workplace.

Key responsibilities include:

  • Conducting risk assessments
  • Providing training and personal protective equipment (PPE)
  • Reporting and investigating accidents
  • Maintaining insurance cover for employer liability

In the UK, this is governed by the Health and Safety at Work etc. Act 1974. In Ireland, it falls under the Safety, Health and Welfare at Work Act 2005.

Failure to comply can result in enforcement action by regulators such as the HSE (UK) or HSA (Ireland), including prosecution, fines and site closures.

Agencies providing skilled workers must also ensure that those workers are trained, briefed and prepared for the environment they are entering. This requires cooperation between the agency and the host employer.

6. Data Protection and GDPR

Recruitment and employment involve handling sensitive personal data. Both the UK and Ireland are bound by data protection laws that govern how this information must be stored and used.

Employers must:

  • Collect only necessary information
  • Secure personal data with appropriate controls
  • Inform workers of how their data will be used (privacy notices)
  • Allow access and correction upon request

Failure to comply with the General Data Protection Regulation (GDPR) and national data protection laws can result in fines and legal claims. Background checks, health data and visa status information are particularly sensitive and must be handled with care.

7. Audits, Inspections and Record-Keeping

Employers can be audited at any time by immigration authorities, labour inspectors, or revenue commissioners. To prepare, it is essential to keep accurate and up-to-date records, including:

  • Right to work documentation
  • Employment contracts
  • Work permits or visa correspondence
  • Training records and safety certifications
  • Payroll and timesheets

Failing an inspection can lead to fines, sponsor licence revocation, or reputational damage. In some sectors, it can also affect access to government contracts or framework agreements.

At Aureol Global Connections, we work closely with clients to ensure that all documentation and processes are audit-ready, reducing exposure and improving transparency.

Legal Responsibilities

Hiring skilled workers brings significant benefits to businesses, but it also carries serious legal responsibilities. In a tightening regulatory environment, the margin for error is shrinking. Whether you are hiring directly or through a recruitment partner, staying informed and compliant is not optional.

The key areas to focus on are:

  • Work eligibility and sponsorship rules
  • Fair and legal recruitment practices
  • Employment rights and protections
  • Health, safety and welfare obligations
  • Data privacy and accurate documentation

At Aureol Global Connections, we provide more than workers. We provide compliance support, training and structured onboarding to help employers meet their obligations confidently. By getting the legal foundation right, businesses can build a workforce that is not only skilled and productive but also protected and respected.To speak to us about hiring skilled workers and the legal considerations required, our team would love the opportunity to provide further information. Get in touch here.