The Right to Work checks are an important part of recruiting staff in the UK. Since 2014 the Home Office have operated a civil penalty system which has generated millions of pounds of revenue in the UK through fines imposed on employers who fail to undertake the correct documents for new starters. Confirmation of stay is a very important part of the UK.

The simple task of requesting a relevant document to show that a potential employee has a legal right to work in the UK is now a regimented routine for all employers simply because of the size of the potential financial penalty. With up to £20,000 imposed for employing a worker who does not have the right to work or a relevant document to show a right to work, employers must ensure that their processes are capable of recording and maintaining data for European workers from 1 July 2021, who will need to have a current immigration status to be able to work in the UK.

Employers must check that a job applicant is allowed to work in the UK before employment commences.

 

What should the employer check?

 

• the documents are genuine, original and unchanged and belong to the person you want to employ

• the dates for the applicant’s right to work in the UK have not expired

• photos are the same across all documents and look like the applicant

• dates of birth are the same across all documents

• the applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)

• for students you must see evidence of their term and vacation times, this can be a printout from the university website or a letter from the university

• if 2 documents give different names, the applicant has supporting documents showing why they’re different, such as a marriage certificate or divorce decree

Employers must check that the documents are valid with the applicant present. Make and keep copies of the documents and record the date the check was made in a calendar and on the document. We recommend that the person checking the document signs it, dates it and scans a copy to the applicant’s HR file.

If the job applicant is unable to show their documents?

Employers must ask the Home Office to check the employee’s immigration employment status using the Employer Checking Service (ECS). Note that permission is required from the employee to submit a request using ECS.

The ECS should be used if any of the following apply:

• the employee cannot provide their documents because of an outstanding appeal or application with the Home Office

• the employee has an Application Registration Card

• the employee has a Certificate of Application that is less than 6 months old

• the employee is a Commonwealth citizen who’s been living in the UK since before 1988

• application registration cards and certificates of application must state that the work the employer is offering is permitted. Many of these documents do not allow the person to work.

• the Home Office will send a ‘Positive Verification Notice’ to confirm that the employee/applicant has the right to work. This document must be kept on file. It is valid for 6 months only. If your employee does not receive a decision on their application, another request must be submitted using the ECS.

The Home Office will send a ‘Positive Verification Notice’ to confirm that the employee/applicant has the right to work. This document must be kept on file. It is valid for 6 months only. If your employee does not receive a decision on their application, another request must be submitted using the ECS.

Due to Brexit, from July 2021, Europeans’ right to work must also checked whether they have permission to stay, keep or scan copies, and the employers should keep copies. The same applies to existing employees. In the future, you should not fail by checking the documents of the staff or neglecting the responsibility to keep them.