On 4 September 2026 the Court of Appeal gave judgment in R (J’s Supermarket Ltd) and R (Prestige Social Care Services Ltd) v Secretary of State for the Home Department [2026] EWCA Civ 1147. Both employers lost their appeals, and both lost their sponsor licences.
If you sponsor Skilled Workers, this case shows exactly what the Home Office looks for.
Case 1: The job on paper did not match the job in reality
A south London grocery business sponsored two workers as a retail manager and a shopkeeper. When the Home Office checked, the workers were mainly stocking shelves and serving customers.
The Home Office decided the roles were not genuine vacancies, and the court agreed. It also rejected the argument that the process was unfair, because the discrepancies had been clearly put to the employer at each stage.
Case 2: Recruitment failures added up
A care provider’s licence was revoked because of:
- high staff turnover
- hiring a worker who had failed English language testing
- sponsoring someone for a driving role when they had said they could not drive
The court found that the Home Office’s conclusion on the driving role was irrational. The revocation still stood, because the other grounds, which showed systemic recruitment failings, were enough on their own.
A related High Court decision on unpaid leave
In a separate recent case, R (Moon Fish Ltd) v SSHD [2026] EWHC 2289 (Admin), the High Court quashed a revocation. The Home Office had treated a worker’s lawful but unreported unpaid leave as a mandatory ground for revocation. The court said that ground is about actual cuts to salary. Failing to report unpaid leave is a breach, but one where the Home Office has discretion. The court also stressed that the employer must normally be told the gist of the case against it and given a chance to respond.
What sponsors should do now
- Match the job description to the actual work. The duties on the Certificate of Sponsorship must be the duties the worker actually does, every day.
- Recruit properly. Check that candidates can really do the essential parts of the job, such as a driving licence for a driving role.
- Report changes on time. Report unpaid leave, changes of role and absences through the Sponsor Management System within the required timescales.
- Keep your records audit-ready. Home Office compliance visits can be unannounced.
- Respond carefully to Home Office letters. A weak or late response to a suspension or “minded to revoke” letter can cost you the licence.
Worried about your licence?
We offer sponsor compliance reviews and mock audits, and we can help you respond to Home Office enforcement action.
Book a consultation with an IAA-regulated adviser.
This article is general information and is not legal advice. Every case depends on its own facts.
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