Right to work checks – getting them right is vital for businesses

The UK authorities require every business in the UK to ensure they employ only those who are legally permitted to work in the UK.

The right to work (RTW) regime has changed frequently over the years, which makes it difficult for businesses to make sure they undertake the check correctly. Getting them wrong can lead to a £20,000 fine per employee without the right to work in the UK, suspension or revocation of the business’ sponsor licence, criminal charges and reputational damage.

Every employer should therefore have a solid right to work check policy and process in place to generate a statutory excuse in case an employee is subsequently found not to have the right to work in the UK.

Currently there are different ways to check a prospective employee’s right to work, and they depend on the nationality of the worker.

Manual checks continue to apply, but should be used only in the case of British and Irish nationals.

Online checks now need to be undertaken in relation to those with a Biometric Residence Permit, a Biometric Residence Card, a Frontier Worker Permit, or with an online status (such as most EU/EEA/Swiss nationals).

A new service that has recently been introduced is the option for employers to use ‘Identity Service Providers’ (IDSPs). IDSPs are government-accredited private firms that can undertake right to work checks on British and Irish nationals on behalf of the instructing company. However, while the process of checking can be ‘outsourced’, consequences of any mistakes in their checks shall be born by the business.

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, 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.

©Gherson 2022