Navigating right to work checks in the UK

 Employers in the UK face stringent requirements when it comes to verifying the right to work of prospective employees. Failure to adhere to these standards can lead to hefty fines and legal repercussions. Here’s a breakdown of the essentials you need to know to stay on the right side of the law

CREDIT: This is an edited version of an article that originally appeared on NHS Employers 

Verifying an individual’s right to work is crucial to avoid penalties and legal issues. Employers risk substantial fines of up to £60,000 per illegal worker if found in violation. The Immigration, Asylum, and Nationality Act 2006 provides a statutory excuse against civil penalties for employers who conduct thorough checks.

Who requires a right to work check?

Employers must conduct right to work checks on all successful job applicants before employment begins. These checks must be unbiased, with no assumptions made based on nationality or ethnicity. There are three types of right to work checks: manual checks, online Home Office checks, and checks using Identity Document Validation Technology (IDVT).

Online home office checks

Non-British and non-Irish nationals can confirm their right to work through the Home Office online checking portal. This digital service supports various immigration statuses and generates a share code for verification. Since April 6, 2022, physical biometric cards are no longer accepted for right to work verification.

Using an Identity Service Provider (IDSP)

British and Irish nationals can verify their right to work digitally through certified third-party providers. Employers must ensure the authenticity of documents and retain clear copies for record-keeping purposes.

Manual checks

In cases where online or digital checks are not feasible, manual checks are necessary. Employers must follow specific steps outlined by the Home Office, including verifying original documents, confirming their authenticity, and retaining clear copies.

Acceptable right to work documents

The Home Office provides detailed guidance on acceptable documents for right to work checks. Employers must verify the validity and authenticity of documents to retain a statutory excuse.

Frequency of checks

Employers must conduct initial right to work checks on all prospective employees. Follow-up checks are required for individuals with time-limited permissions to work. The frequency of follow-up checks depends on the type of document provided.

Scenarios: EEA Nationals, Non-EEA Nationals, Asylum Seekers, Refugees, and International Students

Different categories of individuals have specific requirements for proving their right to work in the UK. From EEA nationals to international students, each group has unique considerations that employers must address.

What to do if an individual does not have the right to work

If an individual is not permitted to work in the UK, employers must refrain from allowing them to commence employment. It’s crucial to assess each situation carefully and take appropriate action to avoid legal consequences.

By understanding and adhering to these guidelines, employers can navigate the complexities of right to work checks effectively, ensuring legal compliance and safeguarding against penalties.