The UK government has revealed that 828 establishments were raided by enforcement teams in January. These included nail bars, car wash and restaurants. The UK government revealed that enforcement teams raided 828 premises in January, including nail bars, car washes, and restaurants.
The crackdown shows no sign of easing, so ‘right-to-work’ checks are more important than ever. Failing to conduct these checks as an employer could result in heavy fines or even jail time.
Employers need to understand their legal obligations in conducting right-to-work checks and how to prevent illegal recruiting within their company.
What is a Right to Work Check?
The employer has a legal obligation to make sure that their employees have the right to be employed in the UK. A right to work check is conducted.
The Home Office demands that employers perform a right to work background check. The Home Office checks to see if a prospective employee is allowed to work in the UK.
In order to verify this, employers must examine documents to ensure that employees have the legal right to perform the job in question. The documents required will vary depending on the nationality and type of work permit of the employee.
All employees of UK-based businesses must be checked for the right to work. It does not matter if you are a British citizen or not. The checks must be performed on British citizens as well. The checks can be done either before the start of the employment or during the offer stage.
Why is it important to check for right-to-work?
Firstly, they aim to stop people working illegally in Britain. They also make sure that employers comply with their legal obligations.
Employers are given a “statutory excuse” if they complete a right-to-work check correctly. If an employee is caught working illegally but the right check was completed, the employer will not be held liable. Failure to carry out the check can result in the employer being subjected to enforcement actions, including civil penalties, the closure of the business, and even prison in extreme cases.
If employers fail to check the right to work of prospective employees, they may end up hiring them illegally. The employer could face civil penalties such as fines or business closure. In extreme cases, they may even be imprisoned.
How to complete a Right to Work Check?
You can verify an employee’s eligibility to work in the UK using several methods. is the most common method of remote digital identity verification through identity service providers. They check these documents using Identity Document Validation Technology (IDVT). These documents can be used to verify the right to work of British and Irish nationals who hold a UK or Irish Passport Card.
After a digital verification, you must perform a visual check. You can do this when the applicant reports for work. You can do a follow-up to make sure that the physical appearance of the applicant matches the information provided on their documents.
Online checks can be used to confirm an employee’s eligibility to work in the UK. You can verify if the employee is in possession of a working permit, a pre-settled status or settled status within the EU settlement scheme, and a border worker permit. employers can no longer accept the physical copies of some types of eVisas to prove an employee’s right of work.
You can also perform a manual check of the right to work. employers meet with potential staff to verify that they look like the IDand other documents they’ve provided.
How do you perform a manual check of your right to work?
First, you need to obtain valid documents. The documents should be originals and a valid form list A or B. Employers must be aware that the government recently updated its guidance on acceptable documents.
Check that all documents presented by the applicant are authentic. This includes checking the date of birth and the photograph to ensure it matches the appearance of the person, ensuring the insert date is correct and confirming expiry dates haven’t expired.
It is important to check if the differences in names between documents can be explained. Checking the name of the candidate against divorce decrees, marriage certificates or deed polls is one example.
The employer must retain a copy of all documents. The format must not be altered manually and it can be retained either electronically or on paper.
You should also keep a record of when the documents were submitted. By copying and keeping the documents you can use a legal excuse to protect you from civil penalties if the worker is found to be working in an illegal manner. You did all you could to make sure they had the right to work.
Employers should perform additional checks if necessary. It is particularly important if the individual in question only has a limited amount of leave to work in Britain. If they hold a working visa, for example. Check the expiration dates of these documents to ensure that you are legally compliant.
What are the consequences of avoiding a check for right to work?
While there is no penalty for not performing a right-to-work check, an employer who fails to do so and hires a worker illegally could be fined up to PS20,000. Other cases could result in unlimited compensation fines, depending on the severity. In extreme cases employers could face up to 5 years of prison for not conducting right to work checks.
The government’s determination to prevent illegal work in the UK is stronger than ever. It has never been more important for employers to complete right-to-work checks.
