How to Check Someone’s Right to Work in the United Kingdom

Ensuring that an individual has the right to work in the United Kingdom is a crucial responsibility for employers. This process not only helps in maintaining legal compliance but also fosters a fair and transparent hiring environment. Here’s a comprehensive guide on how to check someone’s right to work in the UK.

Understanding the Legal Framework

The right to work in the UK is governed by several laws and regulations, primarily the Immigration, Asylum and Nationality Act 2006. Employers must conduct right-to-work checks to avoid penalties, which can include hefty fines and even criminal charges. The Home Office provides detailed guidance on how to perform these checks correctly.

Step-by-Step Guide to Checking Right to Work

Obtain Original Documents

The first step is to obtain original documents from the individual. These documents can be from either List A or List B, as specified by the Home Office.

1. • List A: Documents that show the person has a permanent right to work in the UK. Examples include a UK passport, a permanent residence card, or a birth certificate issued in the UK.
   • List B: Documents that show the person has a temporary right to work in the UK. Examples include a current passport endorsed to show the holder is allowed to stay in the UK and do the type of work in question, or a biometric residence permit.

Link: Employers’ right to work checklist (accessible) – GOV.UK (www.gov.uk)

Check the Validity of the Documents

Carefully examine the documents to ensure they are genuine and belong to the individual presenting them. Look for signs of tampering or forgery. Verify that the photographs and dates of birth are consistent across documents and with the individual’s appearance.

Make Copies and Record the Date

Make clear copies of the documents, retaining copies of the front and back of any documents with writing on both sides. Record the date on which you made the check. This is crucial for maintaining a record of compliance.

Conduct an Online Right to Work Check

For some individuals, you can use the Home Office’s online right to work checking service. This is particularly useful for those who have a biometric residence permit, a biometric residence card, or status under the EU Settlement Scheme. The individual will need to provide you with a share code, which you can use to access their right to work details online.

Follow-Up Checks

If the individual has a temporary right to work, you must conduct follow-up checks before their right to work expires. This ensures that they continue to have the legal right to work in the UK.

Additional Considerations

• Avoid Discrimination: It’s important to conduct right-to-work checks on all potential employees, regardless of their nationality, to avoid discrimination claims.
• Training: Ensure that all staff involved in the recruitment process are trained on how to conduct right-to-work checks properly.
• Record Keeping: Maintain records of all checks for at least two years after the individual’s employment ends. This is essential for demonstrating compliance in case of an audit.

Penalties for Non-Compliance

Failing to conduct proper right-to-work checks can result in significant penalties. Employers can face a civil penalty of up to £20,000 per illegal worker. In severe cases, there can be criminal charges, leading to an unlimited fine and up to five years in prison.

Conclusion

Conducting right-to-work checks is a vital part of the hiring process in the UK. By following the steps outlined above, employers can ensure they are compliant with the law and avoid the severe penalties associated with employing individuals who do not have the right to work in the UK. Regular training and diligent record-keeping are key components of a robust right-to-work checking process.

By adhering to these guidelines, employers not only protect their business but also contribute to a fair and lawful employment market in the UK.

If you have any questions about conducting Right to Work Checks do ensure that you contact the Sapphire HR Support Team immediately.