Employment law continues to evolve, and for those operating in the ports, harbours and marinas sector, keeping pace with change is essential.

From right to work checks to wider reforms under the Employment Rights Act, employers are facing increased scrutiny and growing expectations around compliance. What may once have been viewed as routine HR processes are now areas carrying real legal and financial risk and they can no longer be treated as ‘just something that HR deals with.

Getting right to work checks right

Right to work checks remain a fundamental obligation for employers. However, they are often misunderstood or inconsistently applied.

At their core, these checks are about verifying that an individual has the legal right to work in the UK before employment begins. Done properly, they provide a statutory excuse against liability. Done incorrectly, they can expose employers to civil penalties and, in more serious cases, criminal sanctions.

Common pitfalls include:

• Failing to carry out checks before employment starts
• Not retaining appropriate records
• Applying checks inconsistently across the workforce

In a sector that can rely on seasonal or flexible labour, maintaining a consistent and compliant approach is particularly important.

Increased risk and enforcement

Recent years have seen a clear shift towards stronger enforcement.

Penalties for employing individuals without the right to work have increased significantly, and there is a growing expectation that employers have robust processes in place. This includes not only initial checks but also follow-up checks where visas or permissions are time limited.

For employers, this means moving beyond their often ad-hoc and informal processes and ensuring that right to work checks are embedded within recruitment and HR systems so that there is both less opportunity and/or temptation to ‘take a risk’ when under pressure from hiring managers to have vacancies filled as quickly as possible.

Wider changes under the Employment Rights Act

Alongside immigration compliance, broader employment law reforms have also started to come into effect as part of the implementation of the Employment Rights Act 2025.

Whilst some of these changes will not come until late 2026 and into 2027, and the fine detail of same is still under discussion, they all provide for increased protection for workers and greater accountability for employers. Once again, employers will be facing increased scrutiny and expectations around compliance and there are very real legal and financial risks and implications associated with many of these changes.

For operators in the maritime sector, where workforce models can be complex, these changes may have practical implications for how staff are engaged and managed.

Taking a proactive approach

The key message for employers is clear. Compliance should not be reactive.

Reviewing current processes, updating policies and ensuring that staff responsible for recruitment are properly trained can make a significant difference in reducing risk.

Incorporating right to work checks into a wider compliance framework also helps ensure consistency and resilience as regulations continue to evolve.

How we can help

Kevin advises employers across the ports, harbours and marinas sector on right to work compliance, employment law risk and workforce strategy.

If you would like a review of your current processes, training for your team or support navigating upcoming employment law changes, our Employment & HR team would be very happy to help. Please contact them at EmploymentTeam@LA-law.com.