Do You Understand the Employer’s Role in Right to Work Checks? 

In the United Kingdom, employers play a pivotal role in ensuring that their workforce complies with immigration laws . Do you understand the Employer’s Role in Right to Work Checks?

Right to Work checks requires employers to verify that their employees have the legal right to work in the country. In MyVetting.com’s comprehensive guide, we’ll delve into the employer’s role in Right to Work checks.  

Right to Work Checks – The Basics

Before delving into the responsibilities of employers, let’s understand the core of Right to Work checks: 

Immigration Compliance: Do individuals working in the UK have the necessary immigration status to do so legally. 

Legal Accountability: Employers are held accountable for conducting these checks. 

Preventing Exploitation: These checks help prevent the exploitation of vulnerable individuals and deter  employers from hiring illegal workers. 

The Employer’s Role in Right to Work Checks 

The Employer’s Role in Right to Work Checks with MyVetting means that you simply have to issue a check request from our portal. Delivered straight to your applicant’s email address, your applicant simply has to follow the steps set out and the check will be carried out digitally. What employers will need to know is what documents your applicants will need to supply and you need to be aware of the different types of documents that can be used to prove an employee’s Right to Work. These documents may include: 

• Passports: A UK or Irish passport. 
• Visas: Employees on visas must present the appropriate visa that grants them the right to work in the UK. 
• Biometric Residence Permits (BRPs): These permits are issued to certain categories of individuals, such as those on work visas. 
• Certificates of Sponsorship (COS): For employees sponsored by a licensed employer under the Points-Based System. 

Employers should be able to recognise these documents.

MyVetting Online Right to Work Checks

With MyVetting online Right to Work checks, applicants’ evidence is directly uploaded to the Applicants’ Dashboard, which removes the need for employers to verify that the documents presented by employees are genuine and unaltered.

Ensuring Non-Discrimination with Right to Work Checks

Employers must not discriminate against individuals based on their race, nationality, or other protected characteristics. It’s crucial to apply Right to Work checks consistently to all employees, regardless of their background. 

Consequences of Non-Compliance 

Failure to take take the employer’s role in Right to Work checks seriously may result in non-compliance, which can have significant consequences: 

Fines and Civil Penalties 

Employers found to have hired illegal workers can face substantial fines. Fines can vary depending on the severity of the breach. 

Criminal Charges 

Employers who knowingly employ individuals without the right to work may face criminal charges, including imprisonment. 

Reputational Damage 

Non-compliance can harm an employer’s reputation and make it difficult to attract future talent and customers. 

Risk of Losing Sponsor License 

For employers holding a sponsor license, non-compliance with Right to Work checks can result in the revocation of the license, affecting their ability to sponsor skilled workers from outside the EEA. 

Promoting Employer Inclusivity 

While Right to Work checks are essential for immigration control, it’s equally important to foster an inclusive and welcoming work environment. Employers should aim to create a workplace where employees from diverse backgrounds feel valued and respected. This includes: 

• Embracing diversity and cultural awareness in the workplace. 
• Providing support and resources for employees with different immigration statuses. 
• Ensuring fair and equitable treatment for all employees, regardless of their nationality or immigration status. 

Seeking Legal Advice 

Navigating the Employer’s Role in Right to Work Checks and immigration law can be challenging. Employers may find it beneficial to seek legal advice or consult with experts who specialise in immigration compliance to ensure they meet their responsibilities while maintaining an inclusive and diverse workforce. 

Employer responsibilities in Right to Work checks are essential to maintaining immigration compliance in the UK. While they come with legal obligations and potential consequences for non-compliance, they also play an important part in creating a diverse, inclusive, and equitable workplace. Employers that embrace their responsibilities in Right to Work checks contribute to both the integrity of immigration control but contribute towards a thriving and welcoming work environment for all employees. It’s a delicate balance, but when done right, it can lead to a successful, integrated workplace.