How to Perform Right To Work Checks

The process of conducting a right to work check is a critical statutory obligation for all employers in the UK to prevent illegal working and avoid significant civil penalties. This article examines the various methods available for performing these mandatory verifications, including manual document checks, the use of Identity Document Validation Technology (IDVT), and the Home Office online service. By following the “obtain, check, and copy” framework, businesses can establish a statutory excuse against fines that can reach up to £60,000 per illegal worker under the latest Home Office guidelines.

Maintaining consistent and non-discriminatory records of these checks is essential for remaining compliant with evolving immigration laws and employment regulations. Failure to carry out these inspections correctly can lead to severe reputational damage and the potential loss of a sponsor license for those hiring international talent. This guide serves as a strategic resource for HR professionals and business owners looking to secure their recruitment processes against legal risk.

Understanding Right to Work Checks

A Right to Work check involves verifying that a job applicant is legally permitted to work in the UK. This process requires employers to confirm the authenticity of the individual’s documentation and ensure it grants the necessary work permissions. By performing these checks, employers establish a ‘statutory excuse,’ protecting them from liability if an employee is later found to be working illegally.

Legal Framework

The requirement for Right to Work checks is enshrined in the Immigration, Asylum and Nationality Act 2006. Employers must adhere to the Home Office’s guidance, which outlines acceptable documents and the correct procedures for verification. Failure to comply can result in civil penalties up to £20,000 per illegal worker and, in severe cases, criminal prosecution.

Who Requires a Right to Work Check?

All prospective employees, regardless of nationality, must undergo a Right to Work check before commencing employment. This includes permanent, temporary, part-time, and casual workers. Employers must apply these checks uniformly to avoid discrimination.

Types of Right to Work Checks

Employers can conduct Right to Work checks through several methods:

1. Manual Checks: Involves physically examining original documents in the presence of the holder to verify authenticity.
2. Online Checks: Applicable for individuals with a Biometric Residence Permit, Biometric Residence Card, or status under the EU Settlement Scheme. Employers can use the Home Office’s online service to confirm the individual’s right to work.
3. Digital Verification via Identity Service Providers (IDSPs): For British and Irish nationals, employers can use certified digital verification services to confirm identity and right to work.

Conducting a Manual Right to Work Check

To perform a manual check, employers should:

1. Obtain Original Documents: Request original documents from the individual, such as a passport or residence permit.
2. Verify Authenticity: Examine the documents in the presence of the holder, ensuring they are genuine and belong to the individual.
3. Make Copies: Retain clear copies of the documents, recording the date the check was conducted.

Online Right to Work Checks

For eligible individuals, the online Right to Work check involves:

1. Obtaining a Share Code: The individual provides a unique share code generated through the Home Office’s online system.
2. Accessing the Online Service: Employers use the share code and the individual’s date of birth to access their right to work information.
3. Reviewing Information: Confirm the individual’s right to work and any restrictions.

Penalties for Non-Compliance

Employers who fail to conduct proper Right to Work checks may face:

• Civil Penalties: Fines up to £20,000 per illegal worker.
• Criminal Prosecution: In cases of knowingly employing illegal workers, employers may face unlimited fines or imprisonment.
• Reputational Damage: Inclusion on the Home Office’s civil penalty offender list can harm an organisation’s reputation.

Best Practices for Employers

To ensure compliance, employers should:

• Stay Informed: Regularly review Home Office guidance for updates on acceptable documents and procedures.
• Train Staff: Ensure those responsible for recruitment are knowledgeable about Right to Work checks.
• Maintain Records: Keep clear records of all checks conducted, including copies of documents and dates.

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