Did you know Right to Work Checks are a legal requirement in the UK? 

Employers in the United Kingdom are responsible for ensuring their employees have the legal right to work in the UK. It’s not a tick box exercise; it’s a fundamental part of the legalities of running a business. It can even place employer ethics under the spotlight too.

At MyVetting.com, we understand the issues that have made completing checks on time tricky. That’s why we’ve created a new, more streamlined way to get Right to Work checks – and it’s affordable too. MyVetting’s online platform has been built to remove the lengthy process that comes with paper applications and our seamless digital system maintains the highest levels of security to deliver fast, accurate and affordable checks. Let’s explore the legal requirements around right to work checks in the UK and find out why compliance is essential.  

What Are Right to Work Checks? 

Right to work checks are conducted by employers to confirm their employees have the legal right to work in the United Kingdom. These checks are a vital step in the recruitment process but they serve a dual purpose.  

Right to Work checks: 

• Seek to prevent illegal employment 
• Protect the rights of both employers and workers 

Prevention of Illegal Employment 

One of the primary objectives of right to work checks is the prevention of illegal employment. This means that employers must ensure that everyone they hire is eligible to work in the UK. In doing so, employers contribute to the integrity of the workforce and ensure that individuals that are not authorised to work do not gain employment opportunities over and above those that are eligible. 

Protection of Rights 

Right to work checks play a vital role in safeguarding the rights of both employers and workers. For employers, conducting these checks helps to protect them from the potential legal consequences that can result from employing individuals that do not hold the legal right to work. It ensures that they recruit individuals that can contribute to their business without causing legal complications. 

For workers, these checks protect their rights by ensuring that they are not subject to exploitation, unfair treatment, or underpayment, perhaps due to their immigration status. Workers with the legal right to work in the UK should be treated fairly and in line with employment laws and regulations. 

Legislation Governing Checks 

Right to work checks are a legal requirement in the United Kingdom and employers are obligated to conduct checks in compliance with the Immigration, Asylum, and Nationality Act 2006. This legislation is the foundation for the legal framework surrounding right to work checks. 

The act sets out the fundamental provisions and requirements for employers regarding the employment of individuals who are not British citizens or European Economic Area (EEA) nationals and places a clear responsibility on employers.   

Key Provisions of the Immigration, Asylum, and Nationality Act 2006

Documentation Requirements:

The Act outlines the specific documents that employers can use to verify an individual’s right to work. These documents include passports, residence permits, and biometric residence permits, among others. 

Penalties for Non-Compliance: The Act details the penalties that employers may face if they fail to conduct proper right to work checks. Penalties can include fines and even imprisonment for knowingly employing illegal workers. 

What Employers Need to Do 

Verification of Documents: Employers are responsible for verifying the authenticity of the documents provided by employees as proof of their right to work. This verification process includes checking the validity of the documents – with MyVetting, this process happens digitally using Home Office-approved IDVT technology.

Timing of Checks: Employers must conduct right to work checks before an individual starts working for them. If a prospective employee is unable to provide the necessary documents before commencing employment, employers should not hire them. 

Continuous Checks: In some cases, employers must also carry out follow-up checks if a worker has a time-limited right to work in the UK. These follow-up checks ensure that employees continue to have the legal right to work throughout their employment. 

Penalties for Non-Compliance 

Consequences of Ignoring Legal Requirements 

Ignoring the legal requirements surrounding right to work checks can result in severe penalties. It’s key that employers understand the potential consequences of non-compliance to avoid legal complications. 

Fines 

Civil Penalty Scheme: The UK government operates a Civil Penalty Scheme, which allows authorities to impose fines on employers who employ individuals without the legal right to work. The fines can range from hundreds to thousands of pounds per illegal worker. 

Criminal Charges 

Knowingly employing illegal workers – In cases of serious non-compliance, where employers knowingly employ individuals without the right to work, criminal charges can be filed. If convicted, employers can face imprisonment, substantial fines, or both. 

Damage to Reputation 

Beyond legal consequences, non-compliance can damage an employer’s reputation, maybe leading to loss of business, customer trust and negative publicity. 

Who Must Undergo Right to Work Checks? 

Right to work checks in the United Kingdom are applicable to a wide range of employees and workers. Which employees or workers are subject to these checks?

Employees and Workers 

All Employees: In most cases, all employees, regardless of nationality or immigration status, are subject to right to work checks. This includes full-time and part-time employees, temporary workers, and those on fixed-term contracts. 

Self-Employed Contractors: Employers are also responsible for conducting checks on self-employed contractors who are engaged to work for their organisations. The onus is on the employer to ensure that even these individuals have the legal right to work in the UK. 

Exemptions and Special Cases 

While most individuals working in the UK must undergo right to work checks, there are exemptions and special cases that employers should be aware of. These exemptions pertain to specific categories of individuals that do not require these checks. 

British Citizens 

Exemption: British citizens have an unrestricted right to work in the UK. As such, they are exempt from right to work checks. Employers do not need to verify the immigration status of British citizens. 

European Union (EU) and European Economic Area (EEA) Nationals 

Pre-Brexit: Before Brexit, EU and EEA nationals had the right to work in the UK without restrictions. However, post-Brexit, different rules apply. 

Exemption (Pre-Brexit): Pre-Brexit, EU and EEA nationals were exempt from right to work checks. 

Post-Brexit: After Brexit, EU and EEA nationals may need to provide proof of settled or pre-settled status under the EU Settlement Scheme to work in the UK. Employers are required to conduct right to work checks for these individuals to verify their status. 

Asylum Seekers 

Special Case: Asylum seekers, while awaiting a decision on their asylum applications, have the right to work in the UK. However, they may have restrictions on the types of employment they can undertake. Employers must conduct right to work checks for asylum seekers. 

Students with Limited Work Hours 

Special Case: Students with a Tier 4 student visa or student visa have limited working hours during term-time. Employers need to ensure that these students do not exceed their work hour limits during term-time. 

Seasonal Agricultural Workers 

Special Case: Seasonal agricultural workers from specific countries may have a unique scheme that allows them to work in the UK for a limited period. Employers hiring seasonal agricultural workers should be aware of the specific requirements for this category. 

Diplomats and Representatives of Overseas Governments 

Special Case: Individuals with diplomatic immunity or representing overseas governments are exempt from right to work checks.  

When Do I Do a Right to Work Check? 

Employers 

Right to work checks are conducted before an individual starts working for your organisation, with checks completed and verified before the first day of employment. For existing employees with a time-limited right to work in the UK, employers should conduct follow-up checks. These follow-up checks should be conducted at the point of visa or document expiry. 

Promotions or Role Changes 

Whenever an existing employee is promoted or changes roles within the organisation, it’s best practice to conduct a new right to work check, ensuring their new position is still in line with their immigration status. 

Temporary Workers and Contractors 

For temporary workers and contractors, right to work checks should be completed before they commence work on the project or assignment and are not exempt from right to work checks.  

Remote or Virtual Workers 

For remote or virtual workers who work outside of the UK but are employed by a UK-based company, employers should verify the right to work in the UK if applicable. This can be done remotely, by a provider like MyVetting.com 

In conclusion, adhering to right to work checks legal requirements in the UK is not just a matter of compliance; it’s about upholding the law, protecting workers’ rights, and running a business with integrity.