Right to Work checks are a critical part of the hiring process for employers and play a significant role in ensuring compliance with immigration laws. Whether you’re a business owner, HR professional, or a prospective employee, it’s important to understand what these checks are, why they matter, and how to navigate them correctly.
What Are Right to Work Checks?
A Right to Work check is a process employers must follow to confirm that a job applicant is legally allowed to work in the UK (or the relevant jurisdiction). These checks help prevent illegal working and protect both the employer and the employee.
Failure to conduct these checks properly can result in substantial fines or even criminal charges for employers, so getting it right is essential.
Why Are They Important?
- Legal compliance: Employers have a legal obligation to ensure their employees have the right to work.
- Avoiding penalties: Civil penalties can reach up to £20,000 per illegal worker in the UK.
- Protecting reputation: Hiring someone without proper work rights can damage your business’s reputation.
- Building a fair workplace: These checks ensure a level playing field and support ethical hiring practices.
What Does the Check Involve?
The process typically involves:
- Obtaining original documents from a list of acceptable identification (e.g., passports, biometric residence permits).
- Checking the documents in the presence of the holder to ensure they are genuine and belong to the applicant.
- Copying and retaining the documents securely and recording the date the check was conducted.
Digital Right to Work Checks
With technology evolving, many employers can now use the Home Office’s online Right to Work Checking Service for certain individuals, such as those with biometric residence permits or status under the EU Settlement Scheme.
Employers can also use Identity Service Providers (IDSPs) to perform digital checks for British and Irish citizens with valid passports, although this is optional.
When Should Checks Be Carried Out?
Right to Work checks must be carried out:
- Before employment begins.
- In follow-up situations, if the employee has time-limited permission to work in the UK, checks must be repeated before expiry.
What If the Check Fails?
If a candidate cannot provide the necessary evidence or their right to work has expired, employers should not proceed with employment. It’s critical to handle such situations with care and in accordance with employment and immigration law.
Best Practices for Employers
- Keep clear, dated records of all checks.
- Train HR staff on the latest guidance.
- Use official Home Office checklists and services.
- Stay informed of changes to immigration rules and right to work policies.
Final Thoughts
Right to Work checks are more than a box-ticking exercise — they’re a vital compliance tool. By understanding your obligations and staying up-to-date with the latest processes, you can protect your business and create a responsible hiring environment.
If you’re unsure about your procedures, it may be wise to consult an employment law specialist or seek guidance from official government resources.