Carrying Out a Right to Work Check: Factors to Consider

When interviewing candidates for a job role, several checks must be undertaken as part of the onboarding process, including a Right to Work Check. Understanding the factors involved helps ensure compliance.

Legal Requirements

All UK employers must check that employees have the right to work before employment starts. Failing to conduct proper checks can result in civil penalties up to £45,000 per illegal worker.

Acceptable Documents

Acceptable documents include UK or Irish passports, biometric residence permits, documents showing settled or pre-settled status, and valid visas with work permission.

Check Methods

Checks can be conducted through manual document inspection, the Home Office online checking service, or using an Identity Service Provider.

Recording Checks

Employers must keep records of the date the check was made and copies of documents checked. These should be retained throughout employment and for two years after.

Follow-Up Checks

For employees with time-limited right to work, follow-up checks must be conducted before the expiry date. Set reminders to ensure compliance.

Conclusion

Right to work checks are a legal requirement for all UK employers. Understanding the factors involved ensures proper compliance and avoids penalties. For employees with digital immigration status, employers must use a share code to verify right to work through the Home Office online system.