Top UK Immigration Lawyers with Over 5000 Successful Applications
Mon- Friday | 9am- 6pm | BST
phased-return-to-work-hr-guide

Phased Return to Work (HR Guide)

Oct 10, 2021

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.

Introduction

As the pandemic situation eased over Summer 2021, restrictions on working from home started to lift. In England, since 19 July 2021, people have been able to go into work, although employers are still required to ensure a covid-safe working environment. 

Currently, the situation remains under close observation. There is expected to be a surge in infections over the winter months and government guidelines are subject to change.

In the meantime, employers are changing work patterns to balance employee safety with the practical needs of running a business and, as a by-product, finding new methods of managing people effectively.

We are hearing more about “Hybrid Working” and “Flexible working” arrangements, which are growing increasingly commonplace in many industries – this often means asking staff to work from home and/or the office, under a fixed or flexible work pattern. 

Needless to say, government employer safety guidelines apply equally to all UK employees. 

However, there are some additional factors that Registered Sponsors (employers of skilled worker visa holders) need to stay on top of, if they plan to change their long-term working arrangements.

The Rules: Monitoring & Reporting

Employers who sponsor skilled workers are currently not required to report on sponsored workers who are working from home as a direct result of the covid pandemic. 

This greatly eases the burden of submitting a “migrant change of circumstances report” through the sponsor management system (SMS) portal, each time a worker needs to self-isolate or is required to work from home as a matter of company policy (covid secure work).

Other changes to the sponsored employee’s work location must be reported and further changes must be continually updated whilst the employee is working under sponsorship. 

If an employer has called back their workforce to the office, whether on hybrid or full-time arrangements, then reporting duties will resume for the sponsored workers. 

That is to say, unless the sponsored worker is working from home specifically due to covid (for example a one-off self-isolation requirement) the sponsor must report the change in work location. 

The sponsor must report an agreed change in work location within 10 working days of the agreed change, or else they are in breach of their sponsor duties.

Issues that can arise with remote working

Sponsors who have settled upon long-term work-from-home or hybrid arrangements need to be acutely aware that their monitoring duties will be under close scrutiny by the Home Office. 

Workers who work remotely or from client sites must be monitored on a regular basis by the sponsor, to give the Home Office assurance that they are reporting for work and doing the role they are sponsored for.

Failure to report changes of location is a commonplace compliance pitfall for sponsors of remote workers, particularly those who work at multiple sites.

Furthermore, remote employee(s) may fall “under the radar” of routine monitoring, because employer trusts that the employee will do their day-to-day job and does not have systems in place for monitoring their employee’s activity and whereabouts.  

For example, where the worker is engaged on a client site, the employer may rely on the client to inform them if the worker has not arrived or has irregular absences, rather than checking in with the employee directly, and on a regular basis.

The Home Office has, however, assigned the employer responsibility to monitor their sponsored employee, as a fundamental condition of the sponsorship. Therefore, robust lines of communication would be expected to be in place, to ensure that the sponsor and sponsored worker are continually in touch. 

The onus is on the sponsor to check in with the migrant and to record any absences, even if pre-approved. 

Daily phone calls, timesheets or online communication platforms can be used for attendance-monitoring purposes and to satisfy the Home Office’s requirements.

Conclusion

Monitoring and reporting attendance and changes to a sponsored worker’s location are key sponsor duties.

Whilst there has been a temporary reprieve for sponsors on reporting on work from home arrangements that occur due to covid, in the longer term, where employers change work location or agree hybrid work arrangements, they must be sure to report changes to migrant work location and be careful to ensure monitoring duties are met where workers are remotely employed.

Read More
Profile Picture

A Y & J Solicitors

A Y & J Solicitors is a multi-award-winning UK immigration law firm with over 14 years of specialist experience. Based in Central London, we are recognised and recommended by The Legal 500, Chambers Partners authorised by the SRA (Solicitors Regulation Authority). Having successfully assisted more than 5,000 clients, we stand by our ‘In It To Win It’ approach to deliver results with precision and care. For your peace of mind, we are proud to hold a trust rating of 4.9/5, backed by over 1,000 reviews on Trustpilot and Google.

A Y & J Solicitors
4.9
Based on 1485 reviews
powered by Google
Olivia StalkerOlivia Stalker
19:06 18 Oct 26
Ikra was amazing with helping with my IRL visa! thank you!
J DJ D
08:58 12 Oct 26
AY & J team is always very knowledgeable & supportive. they go out of the way to satisfy and assure curious customers like me. I like their professional approach and reassuring attitude. i worked with them twice in last couple of years with smooth & successful result. I highly recommend them for any VISA & HOME Office related work.
Julia S.Julia S.
21:49 06 Oct 26
We are extremely grateful to Dipannita a for her professional, dedicated and supportive approach with our spouse visa application. She guided us through the process with great attention to detail and made everything feel much clearer and less stressful. Thanks to her hard work, our application was successful. We highly recommend Dia to anyone looking for a knowledgeable, reliable and caring solicitor.Will highly recommend A&J Solicitors to anyone.
Sifatleen BatraSifatleen Batra
14:39 01 Oct 26
A big thank you to Elaha for helping me with my application and guiding me throughout the whole process. She was extremely knowledgeable, professional, and supportive, and I really appreciated her expertise and help along the way. Communication could have been a little quicker at times, but overall, I’m very grateful for all her support. Thank you, Elaha!
Dieu Linh DaoDieu Linh Dao
13:28 29 Sep 26
I had an excellent experience with Ms. Ikra throughout the entire application process. She was highly professional, responsive, and attentive to detail. All of my questions were answered clearly and promptly, and I always felt that my application was handled with great care and professionalism. I’m very pleased with the successful outcome and would highly recommend their services.
dipti ravaldipti raval
11:53 29 Sep 26
They are the great service provider. Ms. Dipannita Mazumder has applied for my visa and in a first instance I got my visa. 110% recommended. very kind and helpful staff.
Ayyan BAyyan B
08:09 25 Sep 26
Very professional and very helpful. Ashu was exceptionally good and made clear each part of the process. Many thanks
Hardev SinghHardev Singh
09:30 24 Sep 26
I had a very good experience with Dia at AY&J Solicitors. She was professional, helpful and kept me updated throughout the process. Thank you for your excellent support and assistance. I highly recommend Dia and AY&J Solicitors.
Tarun IsaacTarun Isaac
19:30 23 Sep 26
I had a great experience with AY & J Solicitors. They were extremely helpful throughout the process and made everything much easier for me. I initially spoke with Mihir, who then put me in touch with Dia. Dia was incredibly helpful, patient, and professional, and guided me through every step. She answered all my queries clearly and was always there when I needed clarification. I’m genuinely grateful for all their help and would definitely recommend AY & J Solicitors.
ayesha banoayesha bano
18:35 22 Sep 26
Thank you for your wonderful service and support
Sahid SekhSahid Sekh
06:38 21 Sep 26
Excellent service and great support throughout my Skilled Worker visa application. Very professional, helpful, and responsive. Highly recommended!Thank you soDia Mazumder and whole team
SOOMIN LEESOOMIN LEE
15:03 16 Sep 26
Thank you Aileen for everything. You were very helpful !
Tuksy AutocentreTuksy Autocentre
17:26 15 Sep 26
Amazing service and very professional team
Renata ToroRenata Toro
16:22 15 Sep 26
A very good experience! I recommend it 100%
Hamza MazharHamza Mazhar
06:24 15 Sep 26
I’m very happy with the service I received from Dia and the team. Dia was extremely helpful, professional and responsive throughout the whole process. She kept me updated, explained everything clearly and made the whole process much easier and less stressful.I really appreciate her support and hard work in getting my application approved. I would definitely recommend Dia to anyone looking for professional and reliable immigration advice.Thank you so much, Dia! 😊
js_loader

More from AY&J Solicitors

the-new-changes-to-the-right-to-work-checks-for-sponsors

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Citizenship Deprivation

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

how-to-make-a-valid-skilled-worker-visa-application

Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected...

Experience Fast and Reliable Results

Experience Fast and Reliable Results

Click here to contact usPhone icon+44 20 7404 7933
Call UsContact Us