Table of Contents
In Short
- Right to Work checks are legally required to ensure employees can work in the UK.
- Three methods exist: manual, digital, and online, depending on the individual’s documentation.
- Non-compliance can lead to severe penalties, including fines and imprisonment.
Tips for Businesses
Conduct Right to Work checks before employment begins, regardless of employee type. Ensure clear records are kept for proof. Regularly check updated guidance from the Home Office to stay compliant.
When you run your business and need to employ staff, it is not simply going through a recruitment practice of advertising and interviewing to find the best candidate for the job. Instead, once you see the latter, you must check that a prospective employee is legally entitled to work for you, such as through a manual check, which can depend on their immigration status. This is a legal requirement, and if you hire someone who works illegally in the UK, you could face hefty penalties. This article will, therefore, explain the Right to Work checks in terms of an employer’s legal obligations.
What Is a Right to Work Check?
A Right to Work check is an action you must carry out as an employer for all your workers to check that they have a legal right to work in the UK. All employers have a legal obligation to carry these out regardless of the size of their business or business type. The details of this requirement are in immigration law, and the Home Office provides guidance, which you should keep an eye on as it is regularly updated.
Who Do I Need to Carry Out a Right to Work Check On?
You must carry out a Right to Work check on every worker in your business. This is necessary before they start employment with you and during your recruitment and onboarding process. Therefore, you need to carry out this check on your:
- permanent employees;
- temporary and seasonal workers;
- part-time employees;
- casual workers;
- zero-hour cataract workers;
- contractors;
- freelancers; and
- in some cases, volunteers.
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Why Do I Need to Carry Out a Right to Work Check?
You must carry out a Right to Work check as you are legally required to do so. However, carrying out Right to Work checks protects you as an employer. This is because they ensure you only hire people who can work legally in the UK.
If it becomes apparent that an employee does not have that right, you have protected your business by demonstrating you did this check correctly.
As an employer, it is crucial to stay compliant with ever-evolving employment law. This factsheet outlines key changes in 2024 that will affect how you manage your workforce.
How Do I Carry Out a Right to Work Check?
As an employer, you can use three main methods to carry out a Right to Work check on your workers, as detailed below. However, choosing which method to use is not up to you. Instead, it is up to the individual to prove whether they can legally work in the UK.
Types of Right to Work Check
There are three main types of Right to Work check:
Manual Right to Work check
This is where you examine the physical documents your employee shows you to determine whether they are legally entitled to work in the UK.
Digital Right to Work check
A digital Right to Work check is where you use the Home Office’s verification system.
Online Right to Work Check
An online Right to Work check means that your employer gives you a share code and their date of birth. You then input this into the Home Office’s online service to check.
In this case, you must use the Home Office Employer Checking Service, asking them to confirm if the employee can legally work in the UK.
What are the Consequences of Not Doing the Check?
There are many potential consequences for failing to carry out a Right to Work Check, and some are severe. It is, therefore, crucial that you carry these out. These include:
- having your sponsor licence revoked or suspended;
- a civil penalty of a fine, which is £45,000 for the first illegal worker and increases if you continue to employ illegal workers; or
- criminal charges, which can result in unlimited fines and even imprisonment.
Failing to carry out Right to Work checks can also damage your business reputation, causing customers to lose trust. Non-compliance can also mean you lose workers, which disrupts your business and can affect your business resources and success.
Key Takeaways
If you run a business and employ staff, you have a legal obligation as an employer to carry out Right to Work checks on all individuals you want to work for you. Therefore, your permanent staff as well as your casual workers. This check establishes if they are eligible to work in the UK. Carrying out a Right to Work check also protects your business as it proves that you did what you agreed to, even if it is later revealed that a worker does not have the legal right to work for you. You can carry out a Right to Work check in three main ways: manual, digital, and online.
However, sometimes you must use the Home Office Employer Checking Service as you cannot check a worker any other way. It is, however, up to an individual which method they use to prove their right to work in the UK. If you fail to carry out Right to Work checks on staff, you could face action such as an unlimited fine or imprisonment.
If you need help understanding Right to Work checks, our experienced employment solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A Right to Work check is a legal requirement that every employer must carry out for their workers to ensure they are legally allowed to work in the UK.
A Manual Right to Work Check is a type of Right to Work check where a potential worker shows you physical documents to prove their right to work in the UK.
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