Right to work is the right that is given to a person to work in the UK after they have been cleared to do so. You can either be a citizen in the country or a settled status holder. If you are not a citizen of the country or you are not a settled status holder, you can still obtain the right to work. Your immigration status is part of the evaluation criteria for your right to work.
This is a necessity for employers in the UK. The employers are legally obliged to check the eligibility of whoever they attempt to employ. While trying to uphold the prevention of illegal regulations, it may be difficult for employees to keep up with their immigration duties which can result in Home Office enforcement taking action. One of these actions may be criminal sanctions against the employer.
Employers must request evidence of the confirmation of the right to work from any individual, regardless of their nationality, race, or immigration status. The employer must make sure they set up an operation that checks the right to work documents of their applicants before going further to employ them in jobs. This, however, is not only applicable to individuals of certain nationalities or races.
The proper way to do a Right to Work check
Before the commencement of work by an individual, right-to-work checks of the individual’s original documents must be thoroughly completed. Checks are advisable to be carried out when the employee comes to the employer for an interview. This is how copies can be retained of original documents and checks can be set in place to ensure legal compliance. Following this proper procedure gives the employer an edge to escape any sanction or action that might be taken by the Home Office against them.
While conducting a Right to Work Check, employers must make sure to see the applicant’s original documents, known as obtaining. The employer must critically check and confirm that the documents presented by the employee are original and valid. Copying is the last step while conducting a Right to Work Check. The employers must make copies of the applicant’s documents that they will keep. They should also ensure to record the date that they made the check.
And as an employer, while carrying out your operation of checking an individual’s documents, there are some important things you need to check:
- the genuinely of the document. It should be confirmed that the documents presented to you belong to the individual and are original.
- the expiry of the status
- the originality of the dates of birth
- if they have been cleared by the Home Office to do the type of work you’re offering
Why does the UK carry out Right to Work checks?
You must be wondering why is it even important to carry out proper Right to work checks. The UK has made it a mandatory requirement for all employers to ensure that all workers have the right to work. The checks have to be done before the employee begins to work. The statutory excuse is provided to the employer after carrying out and recording checks in the approved manner. This way, you will be free from any punishment by the law should in case you employ an individual who has not been cleared to work. According to UK law, the punishment can be that you will pay up to £30,000 for every employee that has not been cleared to work that you employed.
The risks of not carrying out thorough checks are not only civil litigation, your company’s sponsor license can be withdrawn if you fail to comply with the Home Office’s Code of Practice on preventing illegal work. Or you may be denied a sponsor license when you apply in the future. Contact expert immigration lawyers before you apply for leave to remain in the UK
Other importance of proper Right work checks you should know about are:
- Protection of your reputation
- The potential disruption of business if the illegal worker was important before removal by Home Office.
- The possibility of employing susceptible people that are without the right to work in the UK and are being exploited.
Expert lawyers at total.law can help you understand more regarding the work checks, contact us now to get through the immigration and living abroad process seamlessly.