How Does An Employer Obtain A Share Code For A Right-to-work Check?

Until recently, employers were required to undertake right-to-work checks on paper and in person, now most of them have moved online.

Employers must check every prospective employee, and continue to check employees who have limited leave to remain in the UK, for their right to work throughout their employment.

It used to be the case that employees had to bring their passports and/or immigration documents with them before commencing work, so that the employer could take copies of the documents and ensure that they belonged to the employee in front of them. Now employers can access an employee’s right- to-work information directly with the UK Home Office via their online system.

The employee can provide a so-called ‘share code’ to the employer, which they can use online to access an employee’s record. This check is extremely important for employers, because a correctly carried out check provides them with a statutory excuse against a civil penalty should the employee later turn out not to actually have the right to work.

The employee can either provide the share code directly to the employer, or send it to them through the government service. The employer will receive an email from right.to.work.service@notifications.service.gov.uk  if the employee has chosen to send it via the government service.

An employer can then undertake an online check and searching for ‘View a job applicant’s right-to-work details.’ The share code is valid for 90 days after it is provided, and can be used as many times as necessary during that time.

An employer must retain evidence of the online right-to-work check. This means printing the profile page of the relevant employee (the page including the individual’s photo and date on which the check was undertaken). The check should be stored securely, (electronically or in hardcopy) for the duration of the employee’s employment and for two years afterwards. The file must then be securely destroyed.

How Gherson Can Help

This is a relatively new system for the Home Office. At Gherson we have extensive experience in dealing with the Home Office when new processes and systems are introduced. If you require assistance ensuring that your right–to-work checks provide you with protection against illegal working penalties, or if you would like us to perform an audit on the right–to-work checks you hold on file for your employees, 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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