Understanding the Legal Basis of Right to Work in the UK

Understanding the Legal Basis of Right to Work in the UK 

The right to work is a fundamental aspect of human rights, enabling individuals to be able to engage in employment without discrimination or coercion. In the United Kingdom, the legal basis of the right to work is established through various laws and regulations. Understanding the legal framework around the right to work is important for both employers and employees in order to ensure compliance and protect their rights. This blog post offers to provide a comprehensive overview of the legal basis of the right to work in the UK, exploring key legislation and regulations that govern this basic right. 

The legal basis of the right to work in the UK has been established through several different laws and regulations, with the Equality Act 2010 a key piece of legislation prohibiting any form of discrimination in a workplace, including direct or indirect discrimination, discrimination arising from disability, associative discrimination, and perception discrimination. The Equality Act sets out the grounds of protected characteristics, which are used to determine if an individual has been discriminated against on the basis of race, religion, gender, age, sexual orientation, or disability. In addition, the Human Rights Act 1998 protects employees from discrimination in the workplace, setting out the rights and freedoms that individuals are entitled to in the UK. 

The Equality Act 2010 

Employers in the UK are prohibited from discriminating against any individual when making decisions on hiring, promotion, pay, working hours, or other terms and conditions of employment. Laid out in the Equality Act 2010, the act sets out the legal framework for the protection of individuals from discrimination in the workplace. The Act provides protection from discrimination on the basis of a person’s protected characteristics. These include age, disability, gender/gender reassignment, marriage and civil partnership, pregnancy / maternity, race, religion or belief, sex, and sexual orientation.  

It is illegal for employers to refuse to hire an individual based on any of these characteristics, or to treat them differently to other employees when it comes to the terms and conditions of their employment. To ensure that this protection is in place, the right to work is enshrined in UK law. The right to work means that employers must ensure that any individual they hire has the right to work in the UK, and that they do not discriminate against any individual, or group of individuals, based on any of the protected characteristics. The right to work is established through right to work checks. 

Employers must ensure that they are compliant with the legislation in order to protect their employees from discrimination. Employers need to take steps to ensure that they have appropriate recruitment processes in place, and that they do not make decisions that could be seen as discriminatory. Employers should also be aware of their obligations under the Equality Act and be prepared to make reasonable adjustments to accommodate individuals that have a disability or other protected characteristic. 

Prohibition of Discrimination 

A significant piece of legislation, the Equality Act 2010 plays a pivotal role in promoting equality and combating discrimination and is a comprehensive law that both consolidates and strengthens existing anti-discrimination laws, making it illegal to discriminate against individuals on grounds of the protected characteristics.  

One of the Act’s primary objectives is to ensure equal opportunities for all and eliminate discriminatory practices in various spheres of life, such as employment, education, and the provision of goods and services. Employers, service providers, and public authorities are required to actively prevent discrimination and take measures to promote equality. 

The Act also introduced the concept of the public sector equality duty, obligating public bodies to integrate equality considerations into their decision-making processes. This encourages transparency and accountability in addressing inequality, with a particular focus on the public sector. 

The Act emphasises the prohibition of indirect discrimination and harassment related to the protected characteristics. Providing a legal framework for legal challenge, individuals can tackle discrimination through the courts or the Equality and Human Rights Commission. 

In the UK, the Equality Act 2010 serves as a vital legal instrument to safeguard the rights of individuals and promote a more inclusive and fair society by prohibiting discrimination on various grounds. It reflects a commitment to upholding the principles of equality and diversity in the UK. 

 Direct discrimination 

The Equality Act 2010 addresses various forms of discrimination, including direct discrimination. Direct discrimination, as defined by the Act, occurs when someone is treated less favourably than others because of a protected characteristic, such as age, disability, gender / gender reassignment, race, religion or belief or sexual orientation.  

This law prohibits direct discrimination across many areas of life, including employment, education, housing, and the provision of goods and services. It states that individuals cannot be unfairly singled out or disadvantaged solely because of a characteristic that falls under the Act’s protection. For example, it is illegal for an employer to refuse to hire someone based on their gender or for a service provider to deny services due to a person’s disability. 

The Equality Act 2010 prohibits direct discrimination but also provides a mechanism for individuals to seek redress if they believe they have been subjected to such discrimination. This includes the option to file a complaint, take legal action, or seek resolution through the Equality and Human Rights Commission. 

The Act’s provisions on direct discrimination serve as a critical safeguard against unjust treatment, fostering an inclusive and equitable society where individuals are protected from discrimination based on their protected characteristics. 

 Indirect discrimination 

One of The Equality Act 2010’s key provisions are for indirect discrimination. Indirect discrimination arises when a policy, practice, or rule that applies to everyone puts certain individuals or groups at a disadvantage because of a protected characteristic, such as age, disability, gender, race, religion or belief, sexual orientation, or gender reassignment. 

The Act explicitly prohibits indirect discrimination and places a legal obligation on organisations and institutions, including employers, service providers, and public authorities, to ensure that their policies and practices do not disproportionately disadvantage individuals with protected characteristics. This means that, even if a rule or policy appears neutral on the surface, it can still be deemed discriminatory if it has a disproportionate adverse impact on a particular group. 

To comply with the Act, organisations must make reasonable adjustments to their policies and practices to accommodate the needs of those with protected characteristics. Failure to do so can result in legal action and penalties. The Act’s provisions on indirect discrimination play a crucial role in fostering a fair and inclusive society, ensuring that individuals are not unfairly disadvantaged due to characteristics beyond their control. It promotes the principle that equal treatment should be a reality for all, regardless of their background or characteristics. 

Discrimination arising from disability 

Under The Equality Act 2010, discrimination arising from Disability occurs when a person is treated unfairly because of something connected to their disability, rather than the disability itself. For example, if an employer terminates an employee because of their frequent medical appointments related to their disability, this would be considered discriminatory. 

The Act explicitly prohibits this type of discrimination and places a legal obligation on employers and service providers to make reasonable adjustments to accommodate the needs of individuals with disabilities. These adjustments could include modifications to facilities or work arrangements to ensure equal access and opportunities for disabled individuals. 

This provision encourages a shift in societal attitudes, emphasising judgement on people with disabilities for their abilities rather than being subjected to discrimination due to their condition. In essence, the Equality Act’s provisions on Discrimination Arising from Disability are instrumental in promoting inclusivity and ensuring that individuals with disabilities are afforded equal treatment and opportunities in all aspects of life. 

Associative discrimination

Associative discrimination in the UK refers to a specific form of discrimination outlined in the Equality Act 2010. It occurs when someone is treated unfairly because of their association with a person who has a protected characteristic under the Act. This means that individuals can face discrimination not only based on their own characteristics but also due to their connection with someone who has a protected characteristic, such as age, disability, gender, race, religion, sexual orientation, or gender reassignment. 

For instance, if an employee is treated unfairly or subjected to negative treatment because they are the parent of a disabled child, it constitutes associative discrimination based on disability. 

The Equality Act 2010 prohibits such discrimination and places an obligation on employers and service providers to ensure that individuals are not mistreated due to their association with someone who has a protected characteristic. This legal framework emphasises the importance of promoting equal treatment and preventing discrimination in all its forms, contributing to a more inclusive and fair society in the UK. 

 Perception discrimination

Perception discrimination occurs when someone is discriminated against based on a perception that they possess a protected characteristic, even if they do not actually possess that characteristic. This means that if an individual is treated unfairly because others mistakenly believe they have a particular characteristic, such as a certain sexual orientation or disability, it constitutes perception discrimination. 

The Act prohibits perception discrimination, emphasising the importance of treating individuals fairly, regardless of others’ perceptions. This legal provision ensures that people are protected from discrimination rooted in stereotypes or incorrect assumptions about their characteristics.  

Reasonable Adjustments 

Reasonable adjustments, as defined in UK employment law under the Equality Act 2010, refer to modifications or accommodations that employers must make to ensure that individuals with disabilities are not disadvantaged in the workplace. These adjustments are considered reasonable if they do not impose undue hardship or significant cost on the employer. Examples include providing accessible facilities, adjusting work schedules, offering assistive technology, or modifying job duties to accommodate an employee’s disability. The aim is to create an inclusive work environment, allowing disabled individuals to perform their roles effectively and on an equal footing with their non-disabled colleagues. By implementing reasonable adjustments, employers help promote equal opportunities and prevent disability-related discrimination in the workplace. 

Duty to make reasonable adjustments 

In UK employment law, the Duty to Make Reasonable Adjustments is a legal requirement placed on employers. It mandates that employers must take proactive steps to ensure that individuals with disabilities or certain protected characteristics are not disadvantaged in the workplace due to their condition or characteristics. These adjustments may include modifying workspaces, providing assistive technologies, adjusting working hours, or offering additional support to accommodate the needs of employees with disabilities. The aim is to create a level playing field, allowing all employees to perform their roles effectively and without discrimination. Failure to fulfil this duty can lead to legal repercussions, making it essential for employers to take appropriate measures to support diversity and inclusion in the workplace. 

The Immigration Act 2016 

 The Immigration Act 2016 is a key piece of UK legislation designed to regulate immigration and strengthen immigration control measures. This Act encompasses several significant provisions to manage immigration in the country. 

One of its notable aspects is the requirement for landlords to conduct checks on the immigration status of prospective tenants, imposing penalties for those who rent to individuals without valid immigration status. Additionally, the Act introduced the concept of “right to rent” checks, making it obligatory for landlords to verify the immigration status of tenants, further enforcing immigration control. 

The Act also introduced measures to facilitate the deportation of foreign criminals and restrict access to public services for individuals with uncertain immigration status. 

Moreover, it established the criminal offense of illegal working, targeting both employees and employers who hire illegal immigrants. The Act strengthened the enforcement of immigration laws, enhancing border security and control. 

Overall, the Immigration Act 2016 reflects the UK government’s commitment to managing immigration effectively, protecting national security, and ensuring that individuals living and working in the UK do so within the confines of immigration law. 

Right to Work Checks 

Employers’ responsibility 

In the United Kingdom, employers have a legal responsibility to conduct Right to Work checks as part of their hiring process to ensure that their employees have the legal right to work in the country. This obligation is outlined in the Immigration, Asylum, and Nationality Act 2006. 

Employers must verify the immigration status of all potential employees, regardless of their nationality. This process typically involves examining original, unexpired documents such as passports, residence permits, or Biometric Residence Permits to confirm the individual’s right to work in the UK. Copies of these documents must be retained, along with a record of when the check was performed. 

Failing to carry out these checks can result in severe penalties for employers, including fines and even imprisonment in cases of deliberate non-compliance. To avoid discrimination, employers must apply these checks uniformly to all applicants, treating everyone fairly and equally. 

The aim of these checks is to prevent the employment of individuals without the legal right to work, thereby safeguarding national security and ensuring that employers contribute to maintaining the integrity of the immigration system. Compliance with these responsibilities is not only a legal requirement but also essential for creating a lawful and inclusive workforce. 

Documents required for right to work checks 

When undertaking Right to Work checks in the United Kingdom, employers must request and examine specific documents to confirm employees have the legal right to work in the country. The primary documents required typically fall into three categories: you must obtain or review original documents from either List A or B of acceptable documents. 

List A 

• A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. 
• A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen. 
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man verified as valid by the Home Office Employer Checking Service, showing the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules. 
• An endorsed current passport showing the holder is exempt from immigration control, allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK. 
• A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named is allowed to stay indefinitely in the UK or has no time limit on their UK stay. It should be together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. 
• Birth or adoption certificate issued in the UK, with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. 
• Birth or adoption certificate issued in the Channel Islands, Isle of Man or Ireland, with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. 
• A certificate of registration or naturalisation as a British citizen, with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. 

 List B Group 1 

• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work. 
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules. 
• A current immigration status document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 2 

• A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service. 
• A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service. 
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU (J) to the Jersey Immigration Rules or Appendix EU to the immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service. 
• An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service. 
• A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question. 

 Consequences of employing illegal workers 

Employing illegal workers in the UK can have serious legal, financial, and reputational consequences for employers.  

Here are some of the key repercussions: 

• Financial Penalties: Employers who are found to have hired illegal workers can face hefty fines. These fines can vary depending on the severity of the violation, but they can be substantial, running into thousands of pounds for each illegal worker employed.
• Criminal Liability: In some cases, employers can face criminal charges for knowingly employing individuals without the legal right to work. If convicted, they may be subject to imprisonment, which can severely impact their personal and professional lives.
• Loss of Business Reputation: Employers found guilty of employing illegal workers can suffer severe damage to their reputation. Negative publicity and public backlash can result in a loss of trust among customers, partners, and stakeholders.
• Difficulty in Future Recruitment: Employers who have been penalised for hiring illegal workers may face increased scrutiny from immigration authorities in the future. This can make it more challenging to hire international talent legally and efficiently.
• Civil Penalties for Housing Providers: Landlords and housing providers who rent to illegal immigrants may also face civil penalties, including fines and potential confiscation of rental income.
• Debarment from Public Contracts: Firms found in violation of immigration laws may be disqualified from bidding for public sector contracts, limiting their business opportunities. 

In summary, employing illegal workers in the UK can lead to significant financial penalties, legal consequences, reputational damage, and obstacles in future hiring. To avoid these severe repercussions, employers must conduct thorough Right to Work checks and maintain compliance with immigration laws. 

 Sponsorship and Work Visas 

 In the UK, sponsorship and work visas are important components of the immigration system that allow foreign nationals to work legally in the country.  

Sponsorship: 

• To work in the UK, most foreign nationals need a sponsoring employer. Employers must apply to become licensed sponsors, demonstrating their ability to adhere to immigration rules and regulations. 
• Sponsors have specific responsibilities, including conducting Right to Work checks, monitoring immigration statuses, and reporting any issues to the Home Office. 
• The type of sponsor license required depends on the nature of the job and the migrant’s immigration status. 

 Types of Work Visas: 

• The UK offers several work visa categories tailored to different needs and circumstances. 
• The Tier 2 (General) visa is for skilled workers with a job offer from a licensed sponsor. 
• The Tier 5 visa category includes various subcategories such as Youth Mobility, Temporary Worker, and Religious Worker visas, each designed for specific purposes. 
• Intra-Company Transfer (ICT) visas are for employees of multinational companies transferring to a UK branch. 

Eligibility: 

To obtain a work visa, applicants must meet specific eligibility criteria, including having a valid Certificate of Sponsorship (COS) from a licensed sponsor, demonstrating English language proficiency, and providing evidence of maintenance funds.

Length of Stay: 

The duration of a work visa varies based on the specific category and individual circumstances. Some visas are temporary, while others can lead to settlement or permanent residency.
 

Changes and Extensions:

Work visa holders can apply to switch categories or extend their stay if they meet the requirements

Family Members:

Many work visa categories allow family members to accompany the primary visa holder and work or study in the UK.
 

Compliance:

Both sponsors and visa holders must adhere to immigration rules, including timely renewals, changes in circumstances, and compliance with employment conditions. 

Navigating the UK’s sponsorship and work visa system can be complex, requiring careful planning and adherence to regulations. Employers and individuals alike should seek expert guidance to ensure a smooth and lawful process for working in the UK. 

 The Employment Rights Act 1996 

The Employment Rights Act 1996 UK legislation that governs various aspects of employment relationships. This act outlines essential employment rights for both employers and employees, including provisions related to contracts of employment, working hours, maternity and paternity leave, redundancy, and unfair dismissal. It establishes the legal framework for minimum notice periods, dispute resolution, and the protection of employees’ rights in cases of unfair treatment or wrongful termination. The Act serves as a cornerstone in safeguarding workers’ rights and promoting fair labour practices across diverse industries, ensuring that employees are treated fairly, and employers operate within the bounds of the law. 

Employment Contracts 

The Employment Rights Act 1996 also provides workers with important rights, such as the right not to be unfairly dismissed, the right to receive statutory redundancy pay, and the right to receive the national minimum wage. Other legislation, such as the Working Time Directive and the Data Protection Act 1998, also help to ensure that employers are providing their employees with safe and secure working conditions. 

Employment contracts in the United Kingdom are fundamental agreements that outline the terms and conditions of employment between an employer and an employee. These contracts are legally binding and serve as a foundation for the employment relationship. There are several types of employment contracts in the UK: 

1. Permanent (Full-Time) Contracts:

• These contracts offer full-time employment with no predetermined end date. Employees typically work regular hours and enjoy a range of employment benefits. 

2. Fixed-Term Contracts:

• Fixed-term contracts have a specific duration, often covering temporary or project-based roles. Employees on fixed-term contracts have similar rights to permanent employees. 

3. Part-Time Contracts:

• Part-time contracts stipulate reduced working hours compared to full-time positions. Employees have proportional rights and benefits based on their working hours. 

4. Zero-Hours Contracts:

• Zero-hours contracts offer flexibility, allowing employers to provide work as needed. Employees under these contracts are not guaranteed a minimum number of hours but are entitled to certain employment rights.
   

Terms and Conditions of Employment: 

Employment contracts detail various terms and conditions, including: 

Job Description and Duties – The contract specifies the employee’s role, responsibilities, and expected performance. 

Salary and Benefits – Compensation details, such as salary, bonuses, and any additional benefits like healthcare, pension, or stock options, are outlined. 

Working Hours – The contract specifies regular working hours, breaks, and overtime arrangements.

 Notice Period – It states the notice period required for resignation or termination by either party.

Holidays and Leave – The contract covers paid annual leave, sick leave, and other types of leave entitlements. 

Statutory Rights and Protections: 

Employees in the UK are entitled to various statutory rights and protections, including: 

1. Minimum Wage:

Employers must pay employees at least the National Minimum Wage or National Living Wage, depending on their age. 

2. Discrimination Protection:

Employees are protected against discrimination based on characteristics such as age, gender, race, disability, and religion. 

3. Maternity and Paternity Leave:

Eligible employees have the right to maternity, paternity, adoption, and shared parental leave. 

4. Redundancy Pay:

Employees with at least two years of service are entitled to redundancy pay in the event of job loss due to business closures or downsizing. 

5. Unfair Dismissal Protection:

Employees have protection against unfair dismissal, ensuring that employers have valid reasons for termination. 

These employment contracts, terms, and statutory protections collectively form the legal framework governing employment relationships in the UK, ensuring fairness, transparency, and the protection of both employers’ and employees’ rights. 

 Termination of Employment in the UK: 

Termination of employment in the United Kingdom involves several key aspects: 

1. Notice Periods:

Notice periods are a standard part of employment contracts and define the duration of notice that an employer or employee must provide before terminating the employment relationship. These periods vary depending on the terms of the contract. 

2. Unfair Dismissal:

UK law protects employees from unfair dismissal. Employers must have valid reasons for termination, and the process must be conducted fairly. Unfair dismissal claims can result in legal action and compensation for the affected employee. 

3. Redundancy:

Redundancy occurs when a job is no longer required due to business restructuring or closure. Employees made redundant are entitled to redundancy pay based on their years of service. 

These aspects of termination ensure that employment relationships in the UK are governed by fairness, legal compliance, and proper compensation when necessary. 

 The Data Protection Act 2018 (DPA 2018) in the UK: 

The Data Protection Act 2018 is a comprehensive piece of legislation that governs the processing of personal data in the United Kingdom. It serves as a critical framework for data protection, ensuring the rights and privacy of individuals are safeguarded while allowing for legitimate data usage. The Act incorporates the principles of the EU’s General Data Protection Regulation (GDPR) into UK law, outlining various principles and regulations that organisations must adhere to when handling personal data. 

 Data Protection Principles: 

The DPA 2018 is structured around several fundamental data protection principles that organisations must follow when processing personal data: 

1. Lawfulness, Fairness, and Transparency:

Data processing must be based on a lawful and legitimate basis, and individuals must be informed about how their data will be used in a clear and transparent manner. 

2. Purpose Limitation:

Data should be collected and processed for specific, explicit, and legitimate purposes. Any subsequent use must be compatible with these original purposes. 

3. Data Minimisation:

Organisations should only collect and process data that is necessary for the intended purpose. Data should not be excessive. 

1. Accuracy:

Personal data should be accurate, and organisations are responsible for taking reasonable steps to ensure it remains up to date. 

5. Storage Limitation:

Data should be retained for only as long as necessary to fulfil the purpose for which it was collected. After this, it should be securely deleted or anonymised. 

6. Integrity and Confidentiality:

Organisations are required to implement security measures to protect personal data from unauthorised access, alteration, or disclosure. This includes encryption, access controls, and regular security assessments. 

The Data Protection Act 2018 empowers individuals to exercise control over their personal data and grants them various rights, including the right to access their data, correct inaccuracies, and request the erasure of their information. Non-compliance with the DPA 2018 can result in significant fines, making it essential for organisations to adhere to these principles and prioritise data protection in their operations. This legislation plays a crucial role in fostering trust and accountability in the digital age. 

 Employee Data Rights 

Employee data rights are a critical aspect of data protection, ensuring that individuals’ personal information is handled appropriately by their employers. These rights empower employees to have control over their personal data in the workplace: 

Access to Personal Data: 

Employees have the right to request access to the personal data their employer holds about them. This includes information related to their employment, such as performance reviews or payroll details. Employers are obliged to provide this information upon request. 

Rectification and Erasure: If employees believe that the personal data their employer holds is inaccurate or incomplete, they can request corrections or amendments. Additionally, they have the right to request the deletion or erasure of their data under certain circumstances, such as when the data is no longer necessary. 

Data Portability:
This right allows employees to obtain and reuse their personal data for their own purposes. For example, if an employee is changing jobs, they can request their work-related data in a format that facilitates its transfer to a new employer. 

Right to Object:
Employees can object to the processing of their personal data in specific situations, such as when it is being used for direct marketing purposes. Employers must respect these objections unless they can demonstrate compelling legitimate reasons for processing the data. 

These data rights are enshrined in data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, and the Data Protection Act 2018 in the United Kingdom. By upholding these rights, organisations not only comply with the law but also foster trust, transparency, and respect for individuals’ privacy within the workplace. It is essential for employers to have robust data protection policies and procedures in place to ensure compliance and uphold employee data rights. 

Overall, the legal basis of the right to work in the UK is built upon several different laws and regulations that are designed to protect the rights of employees and ensure compliance with workplace standards. Understanding the legal framework surrounding the right to work is essential for both employers and employees to ensure that their rights are respected and that they are working in a safe and secure environment. 

Understanding the legal basis of the right to work in the UK is essential for both employers and employees to ensure compliance with the law and protect their rights. The Equality Act 2010 prohibits discrimination in the workplace, while the Immigration Act 2016 establishes the requirements for right to work checks and sponsorship for work visas. The Employment Rights Act 1996 governs employment contracts and termination of employment, while the Data Protection Act 2018 protects employee data rights.  

For help and support in implementing Right To Work checks, please contact our screening team.