Role of HR In Right to Work Checks
The role of HR in Right to Work checks is essential. It is the legal responsibility of the Human Resources (HR) team to ensure the integrity of the workforce. This process, mandated in law, verifies someone’s eligibility to work in the United Kingdom. However, what is the role of HR in Right to Work checks, what are the procedures involved how might you overcome any challenges.
The Role of HR in Right to Work Checks
Right to Work checks are a cornerstone corporate compliance in British recruitment and onboarding. These checks not only uphold the legal structure governing employment, but they protect businesses from potential risks and penalties that can come from unwittingly hiring individuals that do not have the legal right to work in the UK. It is the job of HR in right to work checks to manage this area of compliance.
Definition and Legal Basis for Right to Work Checks
Right to Work checks, as outlined by Section 15 of The Immigration, Asylum and Nationality Act (IANA) 2006, serve to confirm an individual’s legal entitlement to work within the United Kingdom. This procedure involves the verification and documentation of a potential employee’s immigration status before they can be officially employed. The onus is on the employer to ensure these checks are meticulously carried out, preventing unlawful employment.
The Home Office lists the necessary documentation for these checks. The list includes, but is not limited to, passports, residence permits and biometric residence cards. In the event of an Immigration Enforcement visit, evidence that these documents have been provided by applicants and that pre-employment screening procedures have been correctly carried out is required.
The repercussions of working without the necessary permissions can be severe for both the employee and the employer. Businesses that negligently or intentionally employ someone without the right to work in the UK can face extreme penalties, including fines of up to £20,000 per illegal worker. It is the responsibility of HR in right to work checks to ensure that thesew checks
The Role and Responsibilities of HR in right to work checks
A Human Resources department will shoulder the responsibility of ensuring the company’s adherence to the legal stipulations outlined by the Home Office. It is important that HR professionals carry out right to work checks both before and during an individual’s employment.
Managing the documentary evidence is a key task for HR in right to work checks.
For paper-based right to work checks, a detailed copy of each document, recording the date of the check, and securely storing these records is essential to maintaining a thorough and compliant papertrail.
With online right to work checks, like those provided by MyVetting, the essential paperwork is securely stored digitally, having been verified by Home Office IDVT technology. Employers simply need to store a copy of the right to work check digitally.
For a large business, this could dramatically reduce the physical storage required. If your employees work remotely, you will be able to store your digital right to work check reports securely and digitally. In the case of digital checks, it is important for HR in right to work checks to record and save the ‘share code’ provided by the employee during the online check.
Initial and Follow-up Right to Work Checks
Your HR team will be required to carry out both the initial and subsequent Right to Work checks. An initial check, conducted before employment starts, authenticates the employee’s identity, nationality, and their right to work in the UK using approved documents sanctioned by the Home Office.
Where the candidate possesses a time-limited right to work, subsequent checks are of key importance. HR is required to perform repeat checks in accordance with Home Office guidelines. These are typically carried out just before the expiration of the employee’s right to work document.
HR must keep track of the expiration dates of time-limited permissions and conduct the subsequent checks promptly. Negligence in this can lead to penalties.
If a subsequent right to work check reveals that an existing employee no longer possesses the right to work in the UK, HR must terminate employment while adhering to employment law in order to avoid unfair dismissal.
Overcoming Challenges in Right to Work Checks
The primary hurdles include compliance with ever-evolving governmental guidelines and the prevention of unintentional discrimination during the process.
Remaining up to date with the changing legal landscape can be a challenge. Laws and regulations pertaining to Right to Work checks are frequently updated. HR teams should stay informed about these changes, perhaps by attending workshops, training programs, or subscribing to updates from the Home Office.
Unintentional discrimination can occur during Right to Work checks. To ensure unbiased checks, HR teams should apply the same checks to all potential employees, regardless of their race, nationality, or perceived immigration status. Discrimination risks involve two aspects – direct and indirect discrimination.
Direct discrimination can occur if Right to Work checks are conducted based on an individual’s perceived immigration status, nationality, or race. To mitigate this risk, it’s crucial to apply the same document checks universally to all candidates, irrespective of their background.
Indirect discrimination can occur inadvertently through unfair treatment or policies that disadvantage certain groups. HR professionals should regularly review their Right to Work policies and practices to ensure they don’t indirectly discriminate against any group of individuals.
Human Resources can ensure fairness by treating all job applicants equally, regardless of race or nationality. All candidates should go through the same Right to Work checks without making ungrounded assumptions about a person’s right to work based on their appearance or accent.
By implementing impartial, clear, and transparent practices in conducting Right to Work checks, and providing ongoing training to HR staff, discrimination risks can be significantly reduced. This not only reinforces the organisation’s commitment to equality and inclusivity but also ensures compliance with legislation, thereby minimising potential legal repercussions.
Continuous Training and Adaptability in Right to Work Checks
Investing in regular training for HR professionals is a strategic move for any organisation. It equips you with the necessary understanding of current legal regulations and the awareness to avoid potential discrimination pitfalls.
Through continuous training, HR professionals acquire the skills and knowledge needed to conduct these checks with confidence.
Immigration laws and regulations are subject to frequent changes. HR professionals can stay informed by subscribing to updates from the Home Office, attending relevant workshops or webinars, and utilising professional resources.
The digital revolution has also made staying updated with technological advancements crucial. As more processes move online, being familiar with the latest technology can facilitate remote verifications and efficient management of electronic records.
If inaccurate Right to Work checks are made, penalties can range from monetary fines to imprisonment. Reputational damage can also occur, as organisations may be perceived as negligent or discriminatory in their hiring practices.
