On the 29th of January 2019, the Home Office published an updated “Right to Work Checklist” for employers to check if their staff have the right to work in the UK. The checklist explains the types of documents that are acceptable for checking a worker’s right to work and how long the check is valid for. The Global Payroll Association recommends that employers update their recruitment processes with this new checklist which has been updated in line with legislation changes.
Employers need to be really careful about employing a person that does not have the right to work in the UK. There is the potential for a jail sentence of 5 years and an unlimited fine for employing someone who was known or there was “reasonable cause to believe” didn’t have the right to work in the UK.
The gov.uk website gives examples such as the person:
- didn’t have leave (permission) to enter or remain in the UK
- had leave that had expired
- weren’t allowed to do certain types of work
- had papers that were incorrect or false
The Global Payroll Association has warned employers before that they should ask the Home Office via the Right to Work Checking Service about immigration and right to work status in the following situations:
- they cannot show documents because of an outstanding appeal, review or application with the Home Office
- they have an Application Registration Card
- they have a Certificate of Application less than 6 months old
- they’re a Commonwealth citizen who started living in the UK before 1988
Although the Service has been available since April 2018, up until December 2018 employers have still needed to request paper documents alongside it. Now changes have been made that allow access to real-time information about the right to work that take away the need for physical requests and checking of documents.
We recommend viewing the updated service which remains voluntary for employers. Note that the right to work check requires the employer to have certain information available such as worker’s details and employer details. These are entered onto an online form which send an email confirmation when it has been submitted with a response 5 working days later. Because of the worker information that is submitted, employers need to make sure they have the worker’s permission before using the service.
Potential workers can also check and prove their right to work using a different service that is also on gov.uk.
On the 29th of January 2019, the Home Office published an updated “Right to Work Checklist” for employers to check if their staff have the right to work in the UK. The checklist explains the types of documents that are acceptable for checking a worker’s right to work and how long the check is valid for. The Global Payroll Association recommends that employers update their recruitment processes with this new checklist which has been updated in line with legislation changes.
Employers need to be really careful about employing a person that does not have the right to work in the UK. There is the potential for a jail sentence of 5 years and an unlimited fine for employing someone who was known or there was “reasonable cause to believe” didn’t have the right to work in the UK.
The gov.uk website gives examples such as the person:
- didn’t have leave (permission) to enter or remain in the UK
- had leave that had expired
- weren’t allowed to do certain types of work
- had papers that were incorrect or false
The Global Payroll Association has warned employers before that they should ask the Home Office via the Right to Work Checking Service about immigration and right to work status in the following situations:
- they cannot show documents because of an outstanding appeal, review or application with the Home Office
- they have an Application Registration Card
- they have a Certificate of Application less than 6 months old
- they’re a Commonwealth citizen who started living in the UK before 1988
Although the Service has been available since April 2018, up until December 2018 employers have still needed to request paper documents alongside it. Now changes have been made that allow access to real-time information about the right to work that take away the need for physical requests and checking of documents.
We recommend viewing the updated service which remains voluntary for employers. Note that the right to work check requires the employer to have certain information available such as worker’s details and employer details. These are entered onto an online form which send an email confirmation when it has been submitted with a response 5 working days later. Because of the worker information that is submitted, employers need to make sure they have the worker’s permission before using the service.
Potential workers can also check and prove their right to work using a different service that is also on gov.uk.