Right to Work Checks
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Understanding Right To Work Checks
The UK imposes strict sanctions on employers who are found to be employing individuals without the correct immigration permission to work. This includes a fine of up to £60,000 per illegal worker detected, reputational harm and potentially criminal sanctions.
The definition of an ‘employer’ is also broad and includes most worker contracts. Even organisations that sub-contract certain roles can be found liable for right to work breaches.
Organisations can protect themselves by ensuring that right to work checks are carried out correctly and in full compliance with Home Office requirements.
Employers must carry out right to work checks before employment begins to ensure that individuals have the correct immigration permission to work in the UK. Correctly completed checks provide a statutory excuse, protecting the organisation from civil penalties and other illegal working sanctions.
Right to work legislation and guidance are detailed and frequently updated. Employers should ensure that staff responsible for recruitment, onboarding and compliance understand how to apply the rules in practice.
Types Of Right To Work Checks
There is no single right to work check that applies in every case. The correct method will depend on the individual’s nationality, immigration status and the evidence they can provide. Employers should identify the appropriate route before employment starts and ensure the check is completed in the prescribed way. If the wrong type of check is used, or if any required step is missed, the organisation may not have a statutory excuse if illegal working is later identified.
The different ways in which a right to work check can be carried out include:
- Manual checks.
- Digital checks.
- Home Office online checks.
A manual document-based check is used where the individual can evidence their right to work using acceptable original documents, and normally applies to British and Irish nationals. The employer would have to verify the document in a prescribed process.
Digital checks can be used as an alternative to manual checks, for British and Irish nationals. The employer would have to use a certified Digital Verification Service, which normally carries a fee, and retain some evidence of the completed check.
A Home Office online check should be used for individuals who hold digital immigration status, including those who evidence their permission through an eVisa or other Home Office online profile. This requires the sharing of a code and verification through the Home Office system.
Follow-Up Checks
Where an individual has time-limited permission to work, employers must carry out follow-up checks before the expiry of that permission. Organisations should have clear systems in place to diarise and complete these checks on time.
Record-Keeping
Employers must retain evidence of right to work checks in accordance with Home Office requirements. Records must be clear, accessible and stored securely. Good record-keeping supports compliance and helps demonstrate that checks were completed correctly.
Common Errors
Right to work issues often arise where:
- Acceptable documents are misunderstood.
- Online checks are not completed correctly.
- Follow-up checks are missed.
- Records are incomplete or not retained.
Regular reviews and training can help reduce these risks.
How Our Immigration Partners Can Help
We provide guidance and training on right to work checks and compliance processes. If you would like to discuss your requirements or arrange training, please contact us or complete our enquiry form below.