Managing Right to Work Checks in the UK
Ensuring that your employees have the legal right to work in the UK is a crucial responsibility for employers. Below, we outline the key aspects of managing right to work checks, legal considerations, and practical steps to ensure compliance.
Understanding Right to Work Checks
Right to work checks are procedures that employers must follow to confirm that their employees are legally allowed to work in the UK. These checks help prevent illegal working and protect businesses from potential penalties.
Legal Requirements
Under the Immigration, Asylum and Nationality Act 2006, employers are required to conduct right to work checks before employing an individual. Failure to do so can result in significant penalties, including fines and potential criminal charges.
Key Components of Right to Work Checks
1. Pre-Employment Checks
– Conduct right to work checks before an individual starts employment.
– Ensure checks are performed for all employees, regardless of nationality.
2. Right to Work in the UK Documents
– Verify the authenticity of documents presented by the employee.
– Check that the documents are valid and belong to the individual presenting them.
3. Record Keeping
– Keep clear and accurate records of all right to work checks.
– Retain copies of documents and record the date the check was conducted.
4. Follow-Up Checks
– Perform follow-up checks for employees with time-limited right to work.
– Schedule these checks in advance to ensure continuous compliance.
Types of Acceptable Documents
1. List A Documents (Permanent Right to Work)
– British passport.
– Passport or national identity card from an EEA country or Switzerland.
– Certificate of registration or naturalisation as a British citizen.
2. List B Documents (Temporary Right to Work)
– Biometric residence permit.
– Passport or travel document endorsed to show the holder can stay in the UK and is allowed to do the work in question.
– Immigration status document issued by the Home Office.
Home Office Right to Work Checklist
1. Obtain Original Documents
– Request original documents from the employee that prove their right to work.
– Ensure the documents are provided before employment begins.
2. Check Validity of Documents
– Check that the documents are genuine and unaltered.
– Confirm that the photographs and dates of birth are consistent across documents.
– Verify that the expiry dates of any limited leave to enter or remain in the UK have not passed.
– Ensure any work restrictions are not exceeded by the employee’s role.
3. Make Copies and Record Date
– Make clear copies of the documents, including the front and back of any ID cards.
– Record the date the check was conducted.
– Keep the copies securely for the duration of the employee’s employment and for two years after.
4. Conduct Follow-Up Checks if Necessary
– Schedule follow-up checks for employees with time-limited right to work.
– Follow the same steps to verify the continued right to work.
Digital Right to Work Checks
1. Online Right to Work Check
– Use the Home Office online service to check the right to work of individuals who have an eVisa, Biometric Residence Permit or Card, or a status under the EU Settlement Scheme.
– Obtain a share code from the employee and verify their right to work online.
2. Document Checking Service
– Use the Home Office’s Employer Checking Service if an individual cannot provide acceptable documents, but you have a positive verification notice from the Home Office.
Handling Potential Issues
1. Discrepancies in Documents
– Address any discrepancies or concerns with the employee directly.
– Seek clarification or additional documentation if necessary.
2. Suspected Illegal Working
– Report any suspicions of illegal working to the Home Office.
– Follow legal procedures and avoid discriminatory practices.
3. Refusal to Provide Documents
– Do not employ individuals who refuse to provide acceptable right to work documents.
– Document the refusal and the actions taken.
Training and Support
1. Training for Staff
– Provide training for HR personnel and managers responsible for conducting right to work checks.
– Ensure they are familiar with the latest legal requirements and procedures.
2. Regular Updates
– Stay informed about changes in immigration law and right to work requirements.
– Update policies and procedures accordingly.
3. Legal Advice and Support
– Seek legal advice if you are unsure about any aspect of right to work checks.
– We offer expert guidance to help you ensure compliance and avoid potential penalties as well as mock audit services. Let us find any issues before an official audit.
Conclusion
Managing right to work checks effectively is essential for legal compliance and maintaining a lawful workforce. Our team of experienced employment law experts is here to provide you with the guidance and support you need to manage right to work checks efficiently and legally.
