How Do I Undertake A Compliant Right-To-Work Check?

It is critical for employers to know how to conduct correct right-to-work checks.

These checks need to be completed for every employee regardless of nationality. If employers get these checks wrong, or do not complete them at all, they will have no defence against a civil penalty should an employee turn out to be working illegally. In a worst case scenario, employing an illegal worker can lead to criminal liability in addition to a monetary fine.

There are now two methods of checking an employee’s right to work – an online or a manual check. Whichever check applies to the prospective employee, it needs to be undertaken before they commence work.

When an employee holds a Biometric Residence Permit, Biometric Residence Card, Frontier Worker Permit, or has been given immigration status under the EU Settlement Scheme, (i.e. they have pre-settled status or settled status), the right-to-work check can be completed online.

Where it is not possible to undertake an online check, the employer should undertake a manual check. The online check will guide the employer through a compliant check. For manual checks, the employer needs to ensure they compliantly run through the following three stages:

1. Obtain – the original version of one or more acceptable documents;
2. Check – the documents’ validity in the presence of the holder; and
3. Copy – make and retain a clear copy and record the date the check was taken.

While these three steps seem reasonably straightforward, they each require the checker to undertake specific actions on specific documents. More information on how to conduct a compliant right-to-work check can be found on the following UK government website.

How Gherson can assist

Gherson’s corporate immigration team has extensive experience in advising on Right–to-Work Checks and other employer compliance matters. If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, 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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