Right to work checks

legal_updates

Ensure the right to work in the UK has not expired.

Author: Roxanne Bradley
Published:
Reading time: 3 minutes

This article is 4 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It is important for every employer to carry out Right to Work checks on all potential employees.

Firstly you must check the applicants documents which need to be genuine and the originals. Ensure the right to work in the UK has not expired and the applicant has permission to do the type of work which is being offered.

You must ensure to take copies of all the documents and make a record of the date when these were checked. If the applicant leaves your employment, these document should still be retained for a further 2 years. Dependent on the applicants entitlement to work in the UK will depend on what documents are required. The documents will include, a passport, a current biometric immigration document or a current residence card. A full breakdown of the appropriate documents can be found here, at gov.uk acceptable documents for right to work.

For an applicant which has a permanent right to work in the UK, if you conduct the right to work checks properly before the employment commences, you can establish a continuous statutory excuse for the duration of that person’s employment with you. You do not have to carry out any further checks. However where a person has a temporary right to work in the UK, if you carry out the work checks correctly then you will have a limited statutory excuse in which you will be required to carry out follow up checks in maintain the statutory excuse.

If the applicant cannot produce their documents, you must check with the Home Office of the applicants immigration employment status. The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. You must retain this document.

If you don’t carry out such checks, it can lead to big penalty’s. The jail term can be up to 5 years and the fine is unlimited if you are found guilty to have employed an applicant which you knew did not have the right to work in the UK. This includes the applicant not having permission to enter or remain in the UK, their leave has expired or the documents were false.

If you employ an applicant which does not have the right to work and you failed to carry out the correct checks then you can be penalised which could lead to a civil fine of up to £20,000 for each worker!

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.