Right to Work Compliance

The Right to Work compliance is a legal requirement for all UK employers to ensure that their employees have the legal right to work in the country. It is essential for employers to conduct thorough checks to prevent illegal working and maintain a lawful workforce. Failure to comply with Right to Work legislation can result in significant penalties and other enforcement actions by the Home Office.

We will discuss the key highlights of Right to Work compliance in the UK, including why it is important, the consequences of not conducting checks, and the different types of checks that employers can use. We will also explore the Employer Checking Service, follow-up checks, and the considerations that employers need to keep in mind regarding Right to Work compliance. Let’s dive in to understand more about Right to Work compliance in the UK and how it impacts employers.

Why is the right to work important in the UK?

The right to work is important in the UK to ensure that individuals have the legal permission to work in the country. It is crucial for employers to verify the immigration status of their employees to prevent illegal working and maintain a compliant workforce.

Employers who fail to conduct right to work checks can face severe consequences, including civil penalties and other enforcement actions by the Home Office. By conducting these checks, employers establish a statutory excuse against civil liability. This means that if an employer is found to be employing someone illegally but they have conducted the prescribed right-to-work checks, they will have a defence against any civil penalty. To assist employers in verifying an employee’s immigration status, the Home Office provides an Employer Checking Service. This service allows employers to verify an employee’s right to work by submitting their personal details and job title, along with the case ID or Home Office reference number linked to the employee’s application. The Employer Checking Service provides a positive verification notice (PVN) confirming the individual’s right to work in the UK.

By conducting right to work checks and utilising the Employer Checking Service, employers can ensure compliance with immigration laws and maintain a legal workforce.

What happens if you don’t do a right to work check?

Failing to conduct a right to work check can have severe consequences for employers in the UK. The Home Office has the power to impose civil penalties on employers who employ individuals without the legal right to work.

The civil penalties for employing illegal workers can be substantial. For a first breach, employers can face fines of up to £20,000 per illegal worker. For repeat breaches, the fines can increase to up to £30,000 per illegal worker. These penalties can quickly add up and have a significant impact on a company’s finances.

In addition to civil penalties, the Home Office can take enforcement action against employers who fail to conduct right to work checks. This can include criminal prosecution, which carries a maximum penalty of up to 5 years imprisonment, an unlimited fine, or both. Employers may also face other enforcement measures, such as the loss of their sponsor license or seizure of earnings made as a result of illegal working.

To avoid these severe consequences, it is crucial for employers to comply with the legal requirement of conducting right to work checks on all employees. By verifying the immigration status of their employees, employers can ensure they are employing individuals who have the legal right to work in the UK and avoid the penalties associated with employing illegal workers.

Why do I have to prove my right to work in the UK?

Proving your right to work in the UK is a legal requirement under the Immigration, Asylum, and
Nationality Act. This legislation requires all employers in the UK to check and retain evidence of each
employee’s legal right to work in the country.

The purpose of these checks is to verify an individual’s eligibility for employment in the UK. By
ensuring that employees have the legal right to work, employers can comply with immigration laws
and maintain a lawful workforce.

The Immigration Act sets out the legal requirements for right to work checks and defines the
penalties for non-compliance. Employers are required to obtain and check specific documents that
demonstrate an employee’s right to work, such as passports, immigration status documents, or birth
certificates. These documents provide evidence of an individual’s legal right to work in the UK.
Additionally, the Nationality Act may also be relevant in determining an individual’s right to work.
This legislation establishes the criteria for British citizenship and the rights associated with it.
Employers may need to consider the provisions of the Nationality Act when verifying an employee’s
right to work in the UK.

By proving your right to work in the UK, you are demonstrating your eligibility for employment and
complying with the legal requirements set out by the Immigration, Asylum, and Nationality Act.

Is it a legal requirement to carry out right to work checks?

Yes, it is a legal requirement for all employers in the UK to carry out right to work checks on their employees. These checks are mandated by the Home Office to ensure that employers only hire individuals who have the legal right to work in the country.

By conducting right to work checks, employers establish a statutory excuse against civil liability. This means that if an employer is found to be employing someone illegally, but they have conducted the prescribed right to work checks, they have a defence against any civil penalty.

The Home Office provides guidance on how employers should conduct these checks and the acceptable documents that can be used to prove an individual’s right to work. Employers are responsible for verifying the authenticity of the documents and ensuring that the individual presenting them is the rightful holder.

Employers can also utilise the Employer Checking Service provided by the Home Office to verify an employee’s immigration status. This service allows employers to submit the employee’s personal details and job title, along with the case ID or Home Office reference number linked to the employee’s application, to obtain a positive verification notice (PVN) confirming the individual’s right to work in the UK.

Overall, carrying out right to work checks is a legal requirement for employers in the UK and provides them with a defence against civil liability.

Different types of Right to Work checks

There are various ways in which employers can conduct right to work checks to verify an employee’s eligibility to work in the UK. The different types of checks include:

Identity service provider right to work check: Employers can utilise certified Identity Service
Providers (IDSPs) to digitally verify a worker’s identity using Identity Document Validation
Technology (IDVT).
Online right to work check using share codes: This involves the employee providing their
employer with an alphanumerical share code obtained from the Home Office’s Right to
Work Checking Service.
Manual document right to work check: Employers can conduct in-person checks by
requesting and verifying original documents from List A or B of acceptable documents.
Employer Checking Service right to work check: This service allows employers to verify an employee’s right to work by using the Employer Checking Service provided by the Home Office. Employers must choose the appropriate type of right to work check based on the employee’s nationality and the nature of their immigration permission.
H3: Identity service provider Right to Work checks (100-150 words including bullet points, NLP terms: identity service provider, identity document validation technology, digital right)
Identity service provider right to work checks involve the use of certified Identity Service Providers (IDSPs) to digitally verify an employee’s identity using Identity Document Validation Technology (IDVT). This type of check delegates the checking process to IDSPs, providing employers with a convenient and reliable way to verify an employee’s right to work.

Key points about identity service provider Right to Work checks include:

Employers instruct a certified IDSP to digitally verify a worker’s identity using IDVT.
The IDSP checks the validity of the identity document provided by the employee and verifies
their rightful holder status.
The IDSP captures relevant information from the identity document, including biometric
data and expiry date.
The IDSP provides the employer with a clear and legible record of the identity check.
Employers must obtain a copy of the IDSP check and retain it securely for the duration of
employment plus two years.

Using an IDSP for right to work checks can improve accuracy, save time, and ensure compliance with right to work regulations.

H3: Online Right to Work checks using share codes (100-150 words including bullet points, NLP terms: online right, share code, home office, online service) Online right to work checks using share codes are conducted through the Home Office’s Right to Work Checking Service. This service allows employees to provide their employers with an alphanumerical share code to verify their right to work in the UK.

Key points about online Right to Work checks using share codes include:

Employees obtain a share code from the Home Office’s Right to Work Checking Service.
Employers use the share code to access and view the employee’s right to work record.
The online service provides real-time information on the type of work an employee is permitted to do and the duration of their permission.
Employers must ensure that the online photograph matches the individual presenting themselves for work.
Employers must retain an electronic or hard copy of the response from the online service for the duration of employment plus two years. Online right to work checks using share codes are available to most migrant workers and provide a convenient and efficient way for employers to verify an employee’s right to work.
H3: Manual document Right to Work checks (100-150 words including bullet points, NLP terms: manual right, original documents, list b, acceptable documents). Manual document right to work checks involve the in-person verification of original documents provided by the employee. Employers must check that the documents are genuine, the individual presenting them is the rightful holder, and they have the right to do the work on offer.

Key points about manual document Right to Work checks include:

Employers request and verify original documents from List A or B of acceptable documents.
List A documents show a permanent right to work, while List B documents show a time-limited right to work.
Employers check for document authenticity, expiry dates, work restrictions, and any inconsistencies in names or photos.
Employers make and retain clear copies of the documents in a secure format.
Employers record the date the check and retain the evidence for the duration of employment plus two years.

Manual document Right to Work checks provide employers with a reliable way to verify an employee’s right to work when other types of checks are not applicable.

Online Right to Work checks using share codes

Share codes simplify online right to work checks, streamlining the verification process. Employers request a code from the Home Office, which applicants generate through the online service. This code allows secure access to the individual’s immigration status for a limited period. The system enhances efficiency and accuracy in confirming an individual’s right to work, ensuring compliance with regulations. By utilising share codes, employers can easily validate the legal right of prospective
employees to work in the UK.

Manual document Right to Work checks

Manual document right to work checks require thorough verification of original documents, such as passports or biometric residence permits, ensuring authenticity and validity. This process involves scrutinising expiration dates, photographs, and relevant visas or permits. Employers must follow the guidelines set by the Home Office to establish a prospective employee’s legal right to work in the UK.

By conducting these checks in the prescribed manner, companies can avoid penalties for employing individuals with uncertain immigration statuses.

Employer Checking Service

The Employer Checking Service is a valuable tool provided by the Home Office to help employers
verify an employee’s immigration status and right to work in the UK. This service is particularly useful when employees cannot provide the required documents for other types of right to work checks or when their immigration status is pending a decision.

By using the Employer Checking Service, employers can obtain a positive verification notice (PVN)
that confirms an individual’s right to undertake work in the UK. This PVN provides employers with a
statutory excuse against civil liability for employing someone deemed to have no right to work.

Key points about the Employer Checking Service include:

Employers can request a PVN from the Employer Checking Service for employees with
pending immigration status applications.
The employer must provide the employee’s personal details, job title, and the case ID or
Home Office reference number.
The PVN confirms the employee’s right to work while their application is pending.
Employers must retain a copy of the PVN for the duration of employment plus two years.
The Employer Checking Service allows employers to verify an employee’s lawful immigration status when other forms of right to work checks are not feasible or applicable.

Follow-up Right to Work checks

Follow-up right to work checks are necessary for employees with time-limited permission to work in
the UK. These checks must be conducted shortly before the expiry date of the employee's existing grant of leave to remain in the UK.

Key points about follow-up Right to Work checks include:

Employers must conduct follow-up checks for employees with time-limited permission to
work, such as those on work routes who have not yet applied to settle in the UK.
Follow-up checks help employers maintain their statutory excuse and avoid liability for civil
penalties.
Employers must recheck updated documentation before it expires to allow the employee to
continue working.
For employees with a positive verification notice (PVN) obtained from the Employer
Checking Service, follow-up checks must be conducted when the PVN expires.
There is a 28-day grace period for employees with expired permission to work, allowing employers to conduct follow-up checks and retain their statutory excuse.

Follow-up right to work checks are essential to ensure ongoing compliance and prevent the
employment of individuals without the legal right to work.

Right to work: employer considerations

Employers need to consider various factors and obligations when it comes to compliance with the
right to work. These considerations are crucial for maintaining a lawful workforce and avoiding
penalties.

Key points about right to work employer considerations include:

Employers must establish a statutory excuse by conducting the prescribed right to work
checks.
Employers should ensure that all employees, regardless of nationality, are checked for their
right to work.
It is important to implement consistent right to work processes across the organisation,
especially for employers with multiple sites and a large workforce.
Employers must keep up-to-date with the latest right to work requirements and changes in
legislation.
Employers should have policies and processes in place to ensure compliance with right to
work laws.
Employers must be prepared to defend their compliance in the event of an audit or
inspection.
Employers should provide training to HR staff, line managers, and supervisors responsible
for onboarding employees to ensure they understand their right to work duties.
Employers should maintain accurate records of right to work checks and retain them for the
required duration.

By considering these factors, employers can maintain compliance with right to work laws, establish a
statutory excuse, and avoid penalties for employing individuals without the legal right to work.

Further Questions

What are right to work checks?

Right to work checks are an essential process for employers in the UK to verify that their employees have the legal right to work in the country. These checks are conducted in a prescribed manner and provide employers with a statutory excuse against civil liability.

Key points about right to work checks include:

Right to work checks involve verifying an employee’s eligibility to work in the UK by checking their documentation.
Employers must conduct the checks in a non-discriminatory manner, applying them to all employees regardless of nationality, length of service, or role within the company.
The checks must be carried out in a prescribed manner as outlined by the Home Office.
Acceptable documents for right to work checks include passports, immigration status documents, birth certificates, and other relevant documents listed by the Home Office.
By conducting the prescribed right to work checks, employers establish a statutory excuse against civil liability for employing someone without the legal right to work.
The Employer Checking Service provided by the Home Office is a useful tool for verifying an employee’s right to work in the UK.

Right to work checks are a legal requirement for all employers in the UK and play a crucial role in preventing illegal working and maintaining a compliant workforce.

Are right to work checks a legal requirement?

Yes, right to work checks are a legal requirement for all UK employers. The Immigration, Asylum, and Nationality Act 2006 make it mandatory for employers to check and retain evidence of each employee’s legal right to work in the UK.

Key points about the legal requirement of right to work checks include:

The Immigration, Asylum, and Nationality Act 2006 require employers to check and verify each employee’s right to work in the UK.
Conducting the prescribed right to work checks provides employers with a statutory excuse against civil liability.
The Home Office provides guidance and regulations on how employers should carry out right to work checks.
Employers must comply with the legal requirements of right to work checks to avoid penalties and enforcement actions.
Failure to conduct right to work checks can result in civil penalties, criminal prosecution, loss of sponsor license, and damage to the employer’s reputation.

It is essential for employers to understand and comply with the legal requirement of right to work checks to ensure they are employing individuals with the legal right to work in the UK.

What are the three steps of a right to work document check?

The three steps of a right to work document check are essential for employers to ensure that their employees have the legal right to work in the UK. These steps are:

Obtaining original documents: Employers must ask employees to provide original documents that prove their right to work in the UK. The Home Office provides a list of acceptable documents, including passports, identity cards, and immigration status documents. These documents will vary depending on the employee’s nationality and immigration status.
Checking document validity: Once the employer has obtained the original documents, they must carefully check their validity. This involves verifying that the documents are genuine, that the employee is the rightful holder of the documents, and that they have the permission to work in the UK. Employers should look for inconsistencies in photographs and
dates of birth, any signs of document tampering, and restrictions on the type of work the employee is permitted to carry out.
Making and retaining copies: After checking the documents, employers must make clear copies of each document. These copies should be retained securely for the duration of the employee’s employment, plus an additional 2 years. The copies should be in a format that cannot be manually altered, and the date of the check should be recorded.

It is important for employers to follow these three steps to establish a statutory excuse against any civil liability. By conducting a prescribed right to work check and retaining copies of the documents, employers can avoid fines and penalties for employing someone illegally.

How long do right to work checks take?

The time it takes to complete a right to work check can vary depending on the type of check being conducted.

Here are some factors to consider:

Manual checks: Manual right to work checks, where the employer verifies original documents in person, can take longer to complete. This is because employers must carefully examine the documents, check their validity, and make copies. The time required will depend on factors such as the number of documents to be checked and the complexity of the employee’s immigration status.
Online checks: Online right to work checks using share codes can be completed more quickly. Employees can provide their employer with an alphanumerical share code, which the employer can then use to access the employee’s right to work record via the Home Office’s Right to Work Checking Service. This online check provides real-time information on the employee’s right to work, including the type of work they are permitted to do and any time limits.
Services of an Identity Service Provider (IDSP): Employers can also use the services of an IDSP to conduct right to work checks. These providers use digital identity verification technology to verify an employee’s identity and right to work. The IDSPs can complete the checks more efficiently, reducing the time required by employers.

In general, online checks and the services of an IDSP can help streamline the right to work check process, making it faster and more efficient. However, employers should still allow sufficient time to complete the necessary checks and ensure compliance with legal requirements.

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Right to Work Compliance