right to work checks

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right to work checks

The mandatory or recommended employee background checks can differ with each job role and sector, but every employer has a legal obligation to comply with the prevention of illegal working legislation. This requires all employers to conduct basic document checks on all employees to verify that they have permission to work in the UK.

what is right to work checks?

Right-to-work checks are an essential part of the recruitment process. These checks enable the employer to verify that potential employees are eligible to work in the UK. Documents such as passports or visas can be used to identify if the employee has a permanent or limited right to work in the UK.

Before hiring any new employees, the employer is required by the law to conduct right to work check. Failing to comply with the legislation can result in monetary penalties by the Home Office.

Employers can use right-to-work checks as a defence in the event of a problem with immigration and the working status of the employees.

The checks must be carried out correctly and as prescribed by the law on all prospective employees. Bias can lead to complaints of unlawful discrimination against the employer.

right to work checks checklist

The Right to work checks provisions are set out under Sections 15 – 25 of the Immigration, Asylum and Nationality Act 2006 which came into force on 29 February 2008.

The employer can rely on a statutory defence against alleged breaches of duties if they have performed one of the following before hiring an employee:

  • A manual right to work check
  • Right to work check using IDVT via IDSP
  • Home Office online right to work check

The home office guidance sets out employers’ right-to-work checklist. View checklist

right to work checks update

In April, we will see the start of a new way of being able to conduct right to work checks, employers will be able to take assistance from a certified identity service providers (IDSPs) to provide digital ID validation for right to work and DBS checks using Identity document validation technologies (IDVT).

need help?

As UK’s fastest-growing screening company, we can help you ensure maximum compliance with right-to-work check guidelines. Working with giant screening can help you prevent illegal working and avoid all home office penalties.

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