A right to work check is a process employers in the UK use to confirm that an individual is legally permitted to work in the country. This verification is usually a basic part of the recruitment process and involves checking the person’s identity and immigration status.
The UK government introduced Right to Work checks to prevent illegal working and ensure compliance with immigration laws. Employers are legally required to confirm that employees are in the UK legally and are allowed to work here. Failure to comply with these regulations can result in significant penalties for employers, including fines, legal action and resulting bad publicity.
Conducting Right to Work Checks
Employers have a range of ways to check someone’s identity and confirm their right to work in the UK. Many employers, especially smaller organisations, still rely on manual checks on documents to make sure they are authentic, and then keeping paper copies of documents to show any inspectors. Larger employers tend to use some sort of online digital identity validation portal to check identities online, using third party providers. Some workers who have a biometric residence permit can give a share code to their employer to let them check through the government website.
Are Right to Work Checks Mandatory?
Yes, right to work checks are mandatory for all employers in the UK. These checks must be conducted before employment begins and for all candidates, regardless of nationality or ethnicity. Employing individuals without the legal right to work can result in severe penalties for businesses, including fines of up to 20,000 per illegal worker. Many businesses simply can’t afford to risk this level of loss, so do everything they can to check up on applicants. The few businesses which are prepared to turn a blind eye to illegal workers are probably the employers who are cutting lots of corners in other aspects of their business too.
Types of Right to Work Documents
If you are asked for your Right to Work documents, the documents you provide will depend on your immigration status in the UK. If you have a British passport, this is the easiest way of proving your right to live and work in the UK. If you don’t have a passport, then you can use your British birth certificate with a National Insurance number. People who were born overseas will be asked to show a different form of identity, such as a foreign passport with a work visa in it, or a biometric residence permit.
If your employer is still conducting manual checks, then they will want to see your original documents, not a scan or photograph. They may also want to keep a copy for their records. If they use a third-party or online checking process, they will direct you t the website where you will be asked to enter key identity information and other data such as passport or residence permit numbers to allow cross checking. You may also be asked to repeat the Right to Work checks every year or two to ensure compliance.
