Verifying Right to Work: UK Employer Guide
In the dynamic landscape of UK employment, the verification of a job applicant’s right to work is a cornerstone of legal compliance for employers. This process is not only a legal mandate but also a safeguard against the economic and social repercussions of illegal employment. As we delve into the intricacies of conducting right-to-work checks, we will explore the reasons behind these requirements, the legislative framework guiding them, and the practical steps employers must take to ensure adherence to the law.
Understanding the Necessity of Right-to-Work Checks
The UK government mandates right-to-work checks to combat illegal employment, which undermines the integrity of the labour market and poses risks to the welfare of migrant workers. Illegal employment often results in unfair competition, as it can lead to the undercutting of lawful businesses and the exploitation of workers through substandard wages and unsafe working conditions. By enforcing these checks, the government aims to protect the social fabric and the economy from the detrimental effects of such practices.
The Legal Framework: Immigration, Asylum and Nationality Act 2006
The Immigration, Asylum and Nationality Act 2006, effective from 29 February 2008, introduced measures to:
- Prevent individuals without the right to work in the UK from unlawfully obtaining or retaining employment.
- Simplify the process for employers to verify the legal work status of their employees.
- Enhance the government’s ability to penalise employers who engage illegal workers.
Employers are legally obligated to conduct document checks to confirm that all prospective and current employees are authorised to work in the UK. Failure to comply can result in fines of up to £10,000 per illegal worker and, in some cases, criminal prosecution.
Identifying an Illegal Worker
An illegal worker is defined as someone who:
- Is subject to immigration control.
- Is over the age of 16.
- Lacks the necessary permission to undertake the work in question, either due to invalid or revoked leave to enter or remain in the UK, or because of a condition that prohibits employment.
Employers must avoid assumptions and ensure that the right to work of all employees is verified, irrespective of their background.
Conducting Right-to-Work Checks in the UK
Employers can use one of three methods to conduct right-to-work checks:
- Online Right-to-Work Check Service: This service requires a 9-digit ‘share code’ from the candidate, allowing employers to verify their work eligibility online. Employers should compare the photograph on the online profile with the candidate and retain a printout or digital copy of the profile page as evidence.
- Checking Original Documents: In the absence of a share code, employers must manually check the candidate’s original documents, such as passports or birth certificates. The government provides three lists of acceptable documents, each with different implications for follow-up checks.
- Identity Service Provider (IDSP): UK and Irish citizens with valid passports can have their identity verified by an approved IDSP using Identity Document Validation Technology (IDVT). Employers must ensure that the photo and personal details provided by the IDSP match those of the candidate.
Final Considerations for Employers
The UK government’s commitment to eradicating illegal work necessitates that employers embed robust right-to-work verification processes within their organisations. It is crucial to maintain secure records of the documents checked for at least two years after an employee leaves. By establishing meticulous right-to-work procedures, employers can avoid the financial and reputational repercussions of non-compliance.
For a more comprehensive understanding of how to check a job applicant’s right to work in the UK, please visit our detailed guide, which provides valuable insights and further information on this critical aspect of employment compliance.
