A Guide to Right to Work Checks
Employers in the United Kingdom are currently facing a critical legal responsibility. All individuals must ensure that every employee has the right to work in the country. This process, known as the “right to work check,” is required by law, and it protects businesses from criminal and civil penalties.
Failing to conduct any of these checks correctly can lead to potential criminal sanctions, fines of up to £60,000, and even the closure of businesses.
When to Conduct Right to Work Checks
Employers must verify an individual’s right to work before they start their employment. This check can be completed any time before they begin working. It includes verifying the person’s identity, nationality, and the validity of any visa (when necessary). This is all done to confirm that they are allowed to work in the position they are being offered.
Methods for Conducting Right to Work Checks
The method of conducting a check depends on the employee’s immigration status. Employers can choose to conduct a manual document check, identity document validation technology, or even an online Home Office check.
When to Perform Follow-up Checks
For employees with a time-limited work status, employers have to track visa expiration dates and schedule checks for a follow-up before the visa expires. If the employee submits an application to extend their visa in time, in most cases, they are allowed to continue working while the application is pending.
For More Information
Taylor Hampton Solicitors is here to guide and support businesses in navigating these checks accurately, ensuring a safe and lawful hiring process. Please call the switchboard on 0207 427 5970 or email us at leena.chouhan@taylorhampton.co.uk and we will be in touch to discuss further.
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