Employment Alert – New duty to explain employment rights to sponsored workers
What’s happening?
The Home Office has updated the sponsor guidance documents, introducing new duties for sponsors from 6 March 2026 and placing greater emphasis on compliance.
These changes apply to all employers who hold, or intend to apply for, a sponsor licence.
- New duty to explain employment rights
From 6 March 2026 sponsors must ensure sponsored workers understand their UK employment rights.
Sponsors must:
- Maintain HR systems or processes to provide this information to sponsored workers:
- Retain evidence confirming these rights have been communicated.
The guidance lists the rights that must be explained, including entitlement to National Minimum Wage, working time rights and statutory leave. Employers can chose how they communicate this information.
- New duty to read all sponsor guidance
The guidance now explicitly confirms that prospective and existing sponsors must read all relevant parts of the sponsor guidance and stay up to date with any changes. Given the frequency of updates and the number of guidance documents, this is a significant ongoing obligation.
- New definition of an “eligible role”
The guidance adds a new definition of what is an “eligible role” for sponsorship. A sponsored role must now
- Exist (or be reasonably anticipated) at the relevant time;
- Meet all route requirements (skill level, salary etc);
- Comply with wider employment law;
- Require the worker to perform the responsibilities, duties and hours stated in the certificate; and
- Remain appropriate to the sponsor’s business throughout the sponsored period.
The revised guidance emphasises that job descriptions on certificates of sponsorship must accurately reflect the worker’s actual role, signalling increase scrutiny in this area.
- Increased focus compliance
The guidance now makes it explicit that sponsorship is not a right, and licences are granted at the discretion of the Home Office. It also clarifies that enforcement action may be taken based on reasonable suspicion of non-compliance, rather proof of an actual breach being required
Why is this important?
All licence holders must comply with the sponsor guidance. The Home Office can carry out announced or unannounced compliance visits at any time.
Non-compliance can have serious consequences, including licence revocation. The past year has seen a significant increase in compliance enforcement by the Home Office, with record numbers of revoked licences.
Employers must ensure they fully meet sponsor duties to avoid breaches.
What should you do?
- Review the updated sponsor licence guidanceand ensure you remain up to date.
- Provide sponsored workers withclear information on their employment rights and retain evidence of this
- Check that all sponsored roles meet the new definition of an eligible role and workers are performing the duties and hours listed on their certificate.
Take Advice: Our team specialises in employment and immigration law and can assist with implementing systems to appropriately communicate employment rights to sponsored workers.
For support on the changes or any immigration matters, please contact our specialist immigration lawyers Charlotte and Tabytha on [email protected].
All comments and information were accurate at the time of publication and may not reflect current developments. They should not be relied upon without seeking appropriate professional advice.
