right to work checks
Best Practice Guide to Employer Right to Work Check Responsibilities
Ensuring the legality of employee work status is a critical responsibility for employers in the UK. The right to work check is a mandatory verification that prevents illegal working, complies with immigration regulations, and protects businesses from penalties. This guide outlines best practices for conducting right to work checks effectively and lawfully.
Understanding Right to Work Checks
Employers must verify that every employee has the legal right to work in the UK before employment starts. This applies to all employees, including British citizens, EU nationals, and individuals from other countries. Failing to perform these checks can result in fines up to £20,000 per illegal worker and reputational damage.
When to Conduct Checks
Before Employment Begins: Checks should be completed before an individual starts working.
Existing Employees: Re-checks may be necessary if a worker’s permission to stay in the UK expires.
Third-Party Staff: Checks apply to those on temporary contracts or agency workers as well.
Documents That Can Be Used
Employers should accept only prescribed original documents. These include:
A valid passport showing right to work.
Biometric Residence Permits.
Birth or adoption certificates coupled with an official document confirming National Insurance number.
Immigration status documents issued by the Home Office.
Photocopies or scanned documents are generally not acceptable unless the employer uses the Home Office online right to work checking service, introduced as a digital alternative.
Best Practice Steps for Employers
Familiarise with the Law: Understand the Immigration, Asylum and Nationality Act 2006 and relevant Home Office guidance.
Use the Approved List of Documents: Always verify original documents from the official list.
Timing is Crucial: Conduct checks before employment begins and keep records securely for at least two years after the employment ends.
Use the Online Right to Work Check Service: This service helps verify details and reduces risk of accepting fraudulent documents.
Train HR Staff: Ensure those responsible are well-trained and aware of updates in immigration law.
Keep Detailed Records: Maintain copies of all checked documents or digital confirmations.
Monitor Expiry Dates: For fixed-period permissions, re-check before expiry.
Avoid Discrimination: Apply the same verification process to all employees to prevent unlawful discrimination.
Consequences of Non-Compliance
Employers who fail in their duty can face:
Civil penalties with fines up to £20,000 per illegal worker.
Criminal sanctions including unlimited fines and imprisonment.
Damage to company reputation.
Conclusion
Performing right to work checks correctly is an essential compliance requirement for employers. By following best practices—checking documents before employment, using the Home Office online service, and keeping accurate records—employers not only safeguard their business but also contribute to the integrity of the UK labour market.
For HR professionals and employers, staying informed and vigilant is key to fulfilling these responsibilities effectively.