If you’re an employer who is planning on hiring staff under your employment, you have a responsibility to carry out Right to Work checks before finalising their employment with you. The following is a handy guide on what you need to know about Right to Work checks in the UK, so keep reading to find out more!
What are right to work checks?
Right to Work checks verify that a new hire has the right to work in the UK before they start their new job. Employers must check acceptable document/s that prove that the employee is legally allowed to work for them before they employ that person.
This is typically done by the Human Resources (HR) team who oversees the process.
This can be done via:
- A manual check OR
- Identification Document Validation Technology (IDVT) through an Identity Service Provider (IDSP) OR
- An online Home Office check
When is a Right to Work check required?
A Right to Work check is required whenever there’s a potential employee that’s about to be employed. Regardless of whether they’re a British citizen or foreign national with indefinite leave to remain in the UK, they are still required to undergo a Right to Work check.
This is to help prevent illegal working and to establish a statutory excuse against liability for a civil penalty for employing a person who doesn’t have permission to work in the UK.
What documents need to be assessed?
The documents that are assessed must be the original documents. Only accepted documents are feasible as proof of right to work in the UK, of which include:
- Passport (current or expired)
- Immigration Status Document (current)
- Birth or adoption certificate issued in UK, Isle of Man, or Ireland
- Certificate of British citizenship
- Certificate of Application issued by the Home Office
- Application Registration Card issued by the Home Office
- Document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man
These documents can show that the potential employee has the right to work in the UK, or at least the right to work in that type of employment until expiration of permission.
Copies of these documents must be retained either electronically or physically for the duration of their employment and two years from the date of their leave. This can be kept in the employee’s HR file.
What to do if the job applicant cannot show their documents
If the job applicant is unable to show such documents, you must ask the Home Office to check their immigration status via the Employer Checking Service – with permission from the job applicant.
If the applicant only has a Certificate of Application that indicates that their right to work must be checked by the Home Office, or an Application Registration Card, their right to work must also be checked by the Home Office using the online service.
Need Assistance?
WorkPermitCloud understands how Right to Work checks can get a little complicated at times, which is why we offer solutions to make this process easier and more efficient for you. Get in touch with us now to find out more.
