Right-to-work Check guide
Why is there a requirement for Right-to-work checks
Right-to-work checks are to guarantee that applicants legally can work within the UK, furthermore, employers who fail to complete right-to-work checks can face civil penalties if the staff member is illegal.
Employers have the responsibility to check potential employees’ documentation prior to them beginning their new role within the company, however, if your employee joins your company after 1st July 2021 businesses must confirm their right to work.
Consequences of hiring illegal employees
- Penalty of up to £20,000
- Risk of sponsor license
- Extreme cases can lead to criminal prosecution
Throughout the pandemic, the right-to-work checks process was adapted allowing employers to review documentation over video calls and weren’t required to see original documents, however, this is changing from 1st October 2022.
Employers must revert back to completing right-to-work checks manually in person with the original documents. The documents which are required to complete are under the Home Office’s List A and List B similar to the checks prior to Covid-19.
Right-to-work check process
Employers should be following a 3 step process for completing the checks
- Obtain the information and original documents
- Check to ensure documents are genuine
- Copy the documents ensuring they can’t be altered, keeping an electronic and hardcopy of documents.
Download our guide on right-to-work checks and find out the two types of statutory excuses.