A Guide to Right to Work Checks

As Brexit fast approaches, its uncertain how this will pan out, however, we are getting more calls and requests from clients to perform right to work checks on existing employees and during the pre-employment checks phase of the recruitment process.

A right to work check means that you check a document that is acceptable for showing permission to work. You must do this before you employ a person to ensure they are legally allowed to do the work in question for you. You are also required to conduct a follow-up check on people who have time-limited permission to work in the UK.

Checking a person’s documents to determine if they have the right to carry out the type of work you are offering comprises of three key steps:

1. Obtain the person’s original documents

2. Check them in the presence of the holder

3. Make and retain a clear copy, and make a record of the date of the check

There are several ‘online’ services providing digital ID verification, however the text above was taken from the .GOV website and it clearly states you must obtain the person’s original documentation. We appreciate when on-boarding hundreds of workers across the UK this might seem like a daunting task, with Gig Economy providing flexible work for many international persons settling in the UK, however, with a £20,000 fine attached to each illegal worker being employed, you must see the ID and confirm it legality.

Full guide on Right to work checks 

David Clark

Posted by David Clark
April 19, 2017, in DBS

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