From 1 October 2022 all UK Employers are legally bound to carry out a right to work check on all new employees to prevent illegal working. This has to be carried out before the employment begins.
Failure to carry out these checks can lead to penalties of up to £20,000
Once the checks are carried out and right to work has been established, the employer will have an ongoing statutory excuse, should there be any allegation of any employee working illegally. These records must maintained throughout the period of employment and for 2 years after leaving.
There are different methods available for carrying out right to work checks.
These include the following options:-
- Manual checks –
- Obtain the original documents – this will depend on the residency status of the employee
- Check they are genuine and is the prospective employee the rightful holder
- Take a copy for future records
- Identity Document Validation Technology
- These checks are carried out by an Identity Service Provider (IDSP) who will provide confirmation of the right to work. If a certified provider is not used the employer will be responsible for ensuring the required checks are completed.
- There will generally be a charge for using and IDSP
- A Home Office online Right to work check
- This is an online check and can be located at gov.uk https://www.gov.uk/view-right-to-work
- A share code is required from the individual