Ensuring that employees have the legal right to work in the UK is a fundamental responsibility for all employers, helping businesses remain compliant with immigration laws and avoid severe penalties. Right-to-work checks are a legal requirement designed to prevent illegal working and protect businesses from fines or potential criminal liability.
Legal Requirements and Employer Responsibilities
To comply with these regulations, employers must follow a structured verification process. This includes checking original documents, such as passports, visas, or biometric residence permits, to confirm an individual’s right to work. Alternatively, employers can use the Home Office online right-to-work check service, which provides real-time verification for employees with digital immigration status. It is essential that employers carefully examine these documents, ensuring that they are valid, unexpired, and genuinely belong to the individual being hired. Discrepancies, alterations, or missing information should be investigated before proceeding with employment.
Businesses are required to maintain accurate records by securely storing copies of all documents checked. These records must be clear, legible, and retained for the duration of the employee’s tenure, plus at least two years after they leave.
Regular audits and internal reviews can further strengthen compliance, ensuring that employers consistently meet legal obligations and avoid any risk of enforcement action from the Home Office.
Conducting a Compliant Right-to-Work Check
Conducting a compliant right-to-work check is a critical responsibility for UK employers to ensure all employees have legal authorisation to work in the country.
The process begins with requesting and verifying original documents, such as passports, visas, or biometric residence permits, to confirm an individual’s eligibility for employment. Employers must carefully examine these documents to ensure they are genuine, unaltered, and issued by the appropriate authority.
The next step is to confirm the authenticity of the documents by checking that the names, photographs, and dates of birth are consistent across all materials.
Employers should verify that any visa or residence permit is valid and permits the individual to work in the specified role. If using the Home Office online checking service, employers must obtain the necessary share code from the employee and confirm their status through the official government portal.
Once verification is complete, businesses must comply with record-keeping requirements by securely storing copies of all checked documents, ensuring they are clear and legible. These records must be retained for the duration of the individual’s employment and for at least two years after they leave. Employers should also update records as needed, particularly for employees with time-limited visas, to ensure continued compliance.
Consequences of Non-Compliance
Failure to conduct thorough right-to-work checks can lead to significant penalties, including fines up to £45,000 per illegal worker, potential criminal liability and potential loss of the ability to sponsor foreign workers, making it essential for businesses to implement a structured and diligent verification process.
Staying compliant is crucial to avoid reputational and financial damage.
For more information or for expert advice on business or personal legal issues, contact us by email at info@carterbond.co.uk or call us on 020 3475 6751.
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