What right to work checks do you need to complete?

Applicants need to prove their right to work in the UK to the employer before they start working for them. How this is done depends on the applicant’s nationality and what kind of permission they have work in the UK.

We’ve put together a quick guide pack on what you need to know about Right to work checks. It covers when they need to be done and what happens if you don’t to them.

Employer key points to remember on right to work checks:

• Right to work checks apply to all employees.
• Checks must be done before the employee starts work.
• Employers MUST carry out follow up checks with employee’s that have a limited permission to live in the UK.
• Employers MUST keep a record of all checks carried out.

A Sanction or penalty can be given to employers who don’t follow the law regarding right to work check. It is therefore it is important to ensure checks are completed in the correct manner. If an employer employs an illegal worker and fails to carry out the correct checks the employer would be subject to a civil penalty. A statutory excuse is available, if an employer has done everything that was expected of them and could not reasonably have known that the individual was an illegal worker.

What is a Civil penalty?

A civil penalty can be imposed under the prevention of legal working legislation. This allows the secretary of state (immigration officer) to issue a fine of a specific amount to an employer that employs an individual who subject to immigration control aged 16 years or over and not entitled to undertake the work which they have been employed to do –

FACT – Employers can be fined up to £20,000 for each illegal worker employed.

How can an employer check an applicant’s right to work?

• Using their share code – this is a digital code, obtained using the Right to Work online service, provided by the UK government. To use this service, they will need:
• Using their original identity or immigration documentation
• Using an identity service provider that offers identity validation technology.

To gain a share code the applicant must provide their:

• Biometric resident card
• Passport or national identity card
• Biometric permit

An employer can view an applicant’s Right to Work using their share code and date of birth at www.gov.co.uk

FACT – You must not discriminate anyone because of where they are from!  

Let’s make it simple in three easy steps:

The three-step checks that employers must undertake to comply with the law and secure the statutory excuse are to:

1. Obtain the employee’s original documents (not copies) as prescribed in the home Office checklist guidance.
2. Check (in the presence of the prospective employee) that the documents relate to the individual and are original, unaltered, and valid.
3. Copy the documents in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy.

Top Tips:

• Retain a secure record of the date on which you made the check.
• Record the date for any following checks.
• Retain copies of the documents securely.
•  If you write a date on the copy document, you must also record that this is the date on which you conducted the check.

What documents are accepted for a Right to Work Check?

• Passport
• Immigration Status Document
• Birth or Adoption Certificate
• Certificate of Registration or Naturalisation as a British citizen, with an official document showing the person’s name and permanent National Insurance number.
• non uk-Passport, endorsed to show that the holder is permitted to stay in the UK and permitted to do the type of work they are being employed for.
• Immigration Document, issued by the Home Office, showing that the holder has made an application to enter or stay in the UK, with a Positive Verification Notice issued by the Home Office Employer Checking Service.
• A Positive Verification Notice, issued by the Home Office Employer Checking Service to the employer which confirms the person may stay in the UK and is permitted to do the type of work they are being employed for.

When checking documents ensure:

• The photograph is a good enough likeness of the individual.
• Photographs and dates of birth are consistent across all the documents and with the job application and proof of address.
• Expiry dates for permission to be in the UK have not passed.
• Any work restrictions.
• The documents look genuine and have not been tampered with.
• Reasons to explain any differences in the documents, for example, names that have been changed can be evidenced by the individual providing an original marriage certificate, divorce decree absolute or deed poll.
• All copies of documents taken should be kept securely for the duration of the worker’s employment and for two years afterwards. 

Top tip – Make clear copies of each document using a method where the document cannot be manually altered – PDF file.

When checking Right to Work ensure the individual gives explicit permission to view their details through this system because of their rights under the General Data Protection Regulations. If the applicant can’t provide the right documents the employer should contact the Home Office to verify their right to work in the UK.

If the Home office issues a negative verification notice the employer will not have a statutory excuse and will be liable for a civil penalty because of unlawful employment. More information is provided on the Home Office Right to Work checking service.