Did you know? Employers must carry out a right to work check to establish a statutory defence against a fine of up to £20,000 for employing an illegal worker. The check must be undertaken on all potential employees regardless of nationality or ethnic origin to avoid claims of discrimination.
This means employers must take the following steps to check if they have the right to work in the UK:
- Require the job applicant to produce one or two original documents in defined combinations, indicating that they have the right to work in the UK
- Check the documents appear to relate to the job applicant
- Keep a copy of the documents and a signed declaration confirming the date on which the employer checked them This has been the requirement for many years, through the pandemic we were able to check documents via video call, this is no longer acceptable.
In addition, employers must use the Home Office online right to work service, where the applicant has:
- a biometric residence permit
- a biometric residence card
- status under the EU settlement scheme
- an electronic visa under the points-based immigration system rules
- a frontier worker permit If using the online service, the employer must:
- Check any photograph on the online right to work check is actually that of the applicant
- Keep a clear copy of the response that the online right to work check service provides
I hope that helps, if you have any questions simply reply to the email address below. We will be available over the Christmas Period on 03302 020218 or email: alix@ourHRpeople.co.uk
