Employers in the UK have a legal obligation to ensure that anyone they hire has the right to work in the country. The right to work check is a fundamental step in the recruitment process, designed to confirm an individual’s eligibility to work and avoid unlawful employment. Employers must conduct these checks correctly to comply with the law and prevent potential penalties.
In light of the UK's transition to an eVisa digital immigration system, along with recent significant immigration changes such as the phasing out of Biometric Residence Permits (BRPs), employers are advised to review and update their right to work processes.
The Home Office provides specific guidance on how employers should carry out a right to work check, with permissible methods now including manual checks, digital checks, online share code checks and use of the Employer Checking Service.
Share codes for online checks
As the UK transitions to a digital immigration verification system, right to work share code checks are incredibly becoming the norm. To check a share code, employers use the Home Office online service to check someone's immigration status if the employee provides a right to work share code. This share code is generated by the individual and shared with the employer, granting access to their immigration status information.This generates an official confirmation of the person’s right to work in the UK. It is important for employers to save a copy of the result for their records, as this serves as evidence that a compliant check has been carried out.
Digital right to work checks
Digital right to work checks, facilitated by Identity Service Providers (IDSPs), allow UK employers to verify an individual’s right to work efficiently and securely. This method applies to British and Irish nationals who can use their passport or other accepted identity documents for verification.
To conduct a digital right to work check, employers must select a certified IDSP that complies with the UK Home Office’s standards. The IDSP verifies the employee’s identity using their documents and provides the employer with a report confirming the individual’s right to work. Employers are responsible for ensuring the IDSP is reputable and follows the necessary legal and technical requirements.
Once the IDSP provides the results, the employer must review the report to confirm the individual’s right to work and retain the evidence securely. Employers remain legally responsible for compliance, even when using an IDSP, so it is vital to oversee the process and address any discrepancies promptly.
Manual right to work checks
To perform a manual right to work check, employers must first obtain original documents from the employee. These documents might include a passport or a biometric residence permit, depending on the individual’s immigration status. Employers must then verify the document’s validity in the presence of the employee, ensuring that the photograph matches the individual and that the details align with their identity. Once verified, employers should make clear copies of the documents and record the date the check was completed
Employer Checking Service
In some cases, an employee or prospective hire may need an Employer Checking Service ECS check. This service is used when an individual’s right to work cannot be immediately verified through standard documents or the online system. For example, if an individual is in the process of applying for or extending their immigration status, an ECS check can confirm their eligibility to work during the interim period. Employers must retain evidence of any ECS check conducted as part of their compliance efforts.
Right to rent
The right to work check is distinct from the right to rent check, though both processes rely on similar principles. The right to rent share code, for example, is used by landlords to verify an individual’s eligibility to rent property in the UK. While employers focus on confirming an individual’s ability to work legally, landlords use share codes to ensure compliance with housing regulations. Both systems form part of the government’s broader efforts to regulate immigration and prevent unlawful activity.
Immigration compliance risks
Employers should ensure they have a robust process for conducting and recording right to work checks. Training staff involved in recruitment and onboarding is essential to avoid errors or oversights. Understanding when to check share codes, how to access the Employer Checking Service, and the importance of documenting each step are key elements of compliance.
Employers must also be aware of the timing of right to work checks. These should be carried out before an individual starts their employment to avoid potential legal issues. Conducting a late check or failing to check altogether could lead to fines, reputational damage, or even criminal liability. Regularly updating right to work checks is also important for employees with limited or temporary permissions to work in the UK, ensuring ongoing compliance.
Failing to carry out a proper right to work check can have serious consequences. Civil penalties for employing individuals without the right to work can reach up to £45,000 per initial breach, rising to £60,000 for repeat offences. In cases of severe breaches, employers may face criminal charges.
Need assistance?
The right to work check is an integral part of checking someone's immigration status and employing workers in the UK. DavidsonMorris offers a complete right to work service, with our team of UK immigration specialists highly experienced in all employer compliance requirements.
For guidance on how to comply with your obligations to avoid enforcement action, penalties, contact us.