Can my business outsource its responsibilities regarding right-to-work checks?

As a UK business owner, it’s crucial to understand and comply with laws and regulations regarding right-to-work checks. In this blog post, we will explore the possibility and potential risks of outsourcing right-to-work checks.

In the UK, employers have a legal obligation to verify the immigration status of their employees to ensure they have the right to work. This involves checking and retaining relevant documents, such as passports, visas, or residence permits, and keeping records to demonstrate compliance with the relevant laws. Employers who fail to comply with the rules may face severe penalties, including fines and criminal charges, loss of their sponsor licence, and reputational damage.

Traditionally, it has not been possible to ‘outsource’ right-to-work checks. However, in April 2022, the Home Office decided to permit a small number of checks to be undertaken by so-called Identity Service Providers (IDSPs). Currently, there are government-certified and also uncertified providers offering this service. Employers can engage IDSPs to undertake these checks on their behalf. As it stands, only checks on valid British and Irish passports and valid Irish passport cards can be delegated to an IDSP.

UK businesses must be aware that outsourcing these right-to-work checks does not absolve them of their legal obligations. The responsibility for conducting these checks, and conducting them correctly so that the employer is protected from a fine should the employee turn out to be an illegal worker, remains with the employer. Engaging an IDSP does not transfer liability.

While the idea of outsourcing these right-to-work checks may seem appealing for UK businesses seeking operational efficiency, it’s crucial to understand what can currently be delegated and how. The regime around right-to-work checks is changing frequently, so it is imperative for HR departments, or whoever is responsible for right-to-work checks in an organisation, to ensure they are always up-to-date on the current requirements.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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