Right-to-Work Check: UK Employer's Guide 2024
UK employers must verify that their potential employees have the legal right to work in the country before officially hiring them.
This process, known as the "right to work check the UK," involves assessing various documents or online confirmations using share codes provided by applicants to establish their work authorization status.
Conducting these checks is a legal requirement; failure to do so can result in significant fines and sanctions for the employer.
In this article, we will explore the procedures and documents needed to carry out a thorough right-to-work check and guide employers on adhering to UK employment laws.
Right-to-Work Checks in the UK: TL;DR
Right to Work (RTW) checks are a legal requirement for employers in the UK. They must verify that job applicants are legally allowed to work in the country before employment begins.
Initial Checks: Employers should see the applicant's original documents that prove their right to work.
Follow-Up Checks: These are necessary for individuals with time-limited permission to work in the UK.
Methods to Perform RTW Checks
Manual Checks:
Inspect original documents.
Confirm documents are genuine and match the applicant's appearance.
Online RTW Checks:
Use the Home Office’s online service.
A share code provided by the applicant simplifies this process.
IDVT (Identity Document Validation Technology):
Carried out by an identity service provider.
Employers should stay updated with the latest government guidelines to ensure compliance and avoid sanctions.
What Is a Right-to-Work Check in the UK?
In the UK, a right-to-work check is a legal requirement for employers to verify an individual's authorization to work in the country.
What Is a Right-to-Work Document in the UK?
Right-to-work documents in the UK are identification papers that demonstrate a person’s legal status to work. Employers must check these documents before an individual starts employment. The documents typically include:
For UK or Irish citizens: A passport or birth certificate along with a National Insurance number.
For other nationals: A valid passport with a valid visa or biometric residence permit that confirms work entitlement.
The right-to-work check can be conducted in three different ways:
Manual Document Checks: Physical examination of original documents.
Online Checks: Through the Home Office using a share code provided by the employee.
IDSP Checks: Via Identity Service Providers that perform digital identity verification.
Employers should follow this process to ensure compliance with UK immigration laws and to avoid potential penalties.
Further Reading: Flexible Working Bill
When Should You Check Applicants’ Right to Work?
Employers must verify an applicant's right to work before employment begins. This precaution ensures compliance with the UK's legal requirements to prevent illegal working.
A right to work check should be the final step in the recruitment process but prior to making an official job offer.
Pre-Employment:
Employers must conduct right to work checks before an individual starts working.
It is illegal to employ someone if you know or have reasonable cause to believe they do not have a right to work in the UK.
Document Verification:
Original documents must be inspected in the presence of the holder.
Make sure that documents are genuine, valid, and belong to the person presenting them.
Online Checks:
Employers also have the option to check an applicant's right to work online, which is a convenient option when presented with a share code by the applicant.
Changes in Employment:
The right to work should be re-checked when:
An employee's visa or permission to work is due to expire.
The nature of the employee’s work changes significantly.
Sponsored Workers:
When a sponsored worker changes roles within the same organization, a new check is necessary following approval of the UKVI application.
How to Check the Right to Work in the UK: Full 5-Step Guide
Employers must ensure that their potential employees are legally allowed to work in the UK. The following guide outlines a comprehensive approach for conducting right-to-work checks.
Obtain Original Documents
Employers should request original documents that demonstrate the applicant's right to work. These fall into two categories:
List A: Documents that show an ongoing right to work in the UK
List B: Documents that indicate a temporary right to work
Check Documents
Examine the provided documents in the presence of the applicant. Confirm that they are valid, original, and belong to the person presenting them. Look for signs of tampering or falsification.
Copy and Record
Make clear copies of each document. Record the date of the check on the copy. For future reference, these copies should be kept secure for the entirety of the individual's employment and for two years afterwards.
Conduct a Follow-up Check
If the employee has time-limited permission to work in the UK, a follow-up check is required before their permission expires. This ensures ongoing compliance with UK employment law.
Use Online Checks
When available, employers can use the Home Office’s online right-to-work checking service. This requires the employee’s share code and can streamline the validation process.
It’s important to note that employers who fail to correctly conduct right-to-work checks may face penalties, making it crucial to abide by the outlined steps.
4 Different Ways to Conduct an Employee Right to Work Check as an Employer
An employer must verify an employee's legal right to work in the UK. There are four primary methods that an employer can use:
Manual Document Check
An employer collects and examines the physical documents that evidence the employee's right to work. The process involves:
Obtain original documents as permitted by regulations.
Check the validity of documents in the presence of the employee.
Copy and retain the documents, noting the date of the check.
Online Right to Work Check
Employers may use the Home Office online service, which involves:
Using the share code provided by employees to view their immigration status.
Verifying the employee’s identity matches the one on the online service.
Retaining a clear copy of the result page.
Biometric Residence Permit (BRP) Check
For individuals holding a BRP, an employer needs to:
Confirm that the permit belongs to the employee.
Check the authenticity and expiry date of the permit.
Retain a photocopy of the front and back of the permit.
Employer Checking Service
If an employee cannot provide their documents temporarily, an employer can request a right to work check from the Home Office, which includes:
Completing the online right to work check request form.
Waiting for a Positive Verification Notice, which provides a statutory excuse for 6 months.
The employer must conduct these checks before employment begins and follow-up checks in accordance with the status of the individual’s work entitlement. Employers should also keep records of every check as part of their compliance with the UK employment laws.
What Happens if the Employer's Right to Work Check Is Not Performed Correctly?
When an employer in the UK fails to conduct a right to work check correctly, the consequences can be significant. A right to work check is mandatory to ensure that an employee has the legal right to work in the UK. If employers neglect this duty, they are at risk of facing legal and financial repercussions.
Consequences for Employers
Civil penalties: Employers may incur a civil penalty of up to £20,000 for each illegal worker hired due to improper checks.
Criminal prosecution: In severe cases, particularly where knowing employment of an illegal worker is evidenced, employers may face criminal charges.
Reputational damage: Non-compliance can lead to reputational harm and loss of consumer trust.
Required Actions for Employers
Obtain the employee's documents that allow them to work in the UK.
Check the validity of these documents in the presence of the employee.
Retain copies of the documents and record the date of the check.
If these steps are not followed diligently, employers forfeit their "statutory excuse" against penalties in the event of illegal working.
Further Reading: Working Time Directive Breaks
How Long Does Checking Right to Work Take?
The duration of a right to work check in the UK can vary depending on the method used by the employer. They have two primary options: a manual check or an online check.
Manual Right-to-Work Check
Step 1: Obtain the necessary documents from the applicant.
Step 2: Check the documents for authenticity in the presence of the applicant.
Step 3: Copy and retain the documents, noting the date of the check.
This process can take a few minutes to perform, provided that the employer has immediate access to the necessary documents and the applicant is present for verification.
Online Right-to-Work Check
The employer requests a share code from the applicant.
The employer enters the share code into the right-to-work checking service.
The service instantly returns the applicant's right to work status results instantly.
While the actual checking takes moments, preparation and coordination with the applicant for necessary permissions can extend the total time.
The employer must retain a record of the check for their compliance records.
When Should You Repeat the RTW Check?
Employers must ensure that their employees have the right to work in the UK, including periodic Right to Work (RTW) checks.
There are specific instances where a repeat RTW check is necessary:
Visa Expiry: If an employee's visa or work permit is due to expire, a new check is required before the current one ends.
Change of Circumstances: Should an employee switch to a different kind of employment within the same company, such as from a sponsored to an unsponsored role, a new RTW check is crucial.
Continuous Employment: Although employees who have been employed continuously since before 27 January 1997 do not require repeat checks, changes to their employment status might necessitate a new check.
Scheduled Repeat Checks
Periodic checks should be conducted, typically every 12 months, for those with time-limited permission to work in the UK.
If a response from an RTW check is neutral, indicating that an employee's right to work is not clear, employers should perform a follow-up check.
End of Grace Periods
Specific grace periods have been established for EU nationals post-Brexit. When these periods end, new RTW checks must be completed.
Employers should maintain clear records of every RTW check, including the date conducted and any follow-up checks.
A well-documented RTW process helps ensure compliance with UK immigration regulations.
Further Reading: Professional Reference
FAQs
Are Right-to-Work Checks Mandatory in the UK?
Yes, Right to Work checks are mandatory in the UK. Employers must verify that their employees have the legal right to work before employing them, to avoid potential penalties.
Do Recruitment Agencies Have to Check for the Right-to-Work?
Recruitment agencies are required to conduct Right to Work checks for candidates they place with client companies, in the same manner as direct employers.
When Did the Right-to-Work in the UK Check Checks Start?
Right to Work checks were formally introduced and have been a legal requirement since the Immigration, Asylum and Nationality Act 2006 came into force.
How to Check Workers' Right-to-Work for Student Visas in the UK?
Employers must check the visa terms of student visa holders to ascertain their allowed work hours and type of employment.
This can be done via the online Right to Work check system provided by the Home Office or by reviewing physical documentation.
How to Check an Employee's Right-to-Work for One-Off Workers in the UK?
When hiring one-off or temporary workers, employers must still carry out full Right to Work checks before the commencement of employment.
These can include manual document checks or using the Home Office online Right to Work service.
How to Process and Dispose of Copies of RTW Documents?
Copies of Right to Work documents should be kept securely for the duration of the employee's employment and for two years afterwards, after which they should be securely disposed of in a way that protects personal data (e.g., shredding).
What Is the Right-to-Work Proof?
Right to Work proof refers to official documentation that confirms a person's eligibility to work in the UK, such as a passport, biometric residence permit, or share code for an online immigration status.
Should You Check RTW for Academic Appointments?
Academic institutions must also verify Right to Work for all appointments, including academics.
This ensures that the individuals have the appropriate leave to remain and work in the UK.
