Checking an employee’s right to work within the UK. |Consensus HR in Herts, Beds
Our Latest blog: Is all your team, all legally entitled to work within the UK?
A key part of any companies Recruiting Strategy should be the checking of an employee’s right to work within the UK and assumptions should never be made. Consensus HR firmly emphasisis to all clients to ensure that they obtain the required document as shown within this blog and a copy kept for future use, if needed. When Matthew Chilcott, our business owner worked for a well-known Hospitality company, he went through the process of getting the companies HR files up to date and asked all members of the team to provide a relevant document that proved their right to work in the UK. Even though this was an inconvenience to many, the team all ensured the relevant document was provided so that a copy could be taken. This process identified a member of the team who was NOT authorised to work within the UK and could have resulted in a hefty fine for the company.
So, In the UK, what are employers required to check that all employees have the right to work in the country. We have produced a step-by-step guide on how to check right to work documents:
1. Obtain the Documents
Ensure you have one of the following sets of documents from the employee:
- List A: Documents that show the holder is a British citizen or a citizen of the UK and Commonwealth having the right of abode in the UK, or other types of settled status.
- List B: Documents that show the holder has a time-limited right to work in the UK.
2. Verify the Documents
- Physically check the original documents in the presence of the holder.
- Check for authenticity: Make sure that the documents appear genuine, are not expired, and belong to the person presenting them. This involves:
- Checking photographs and dates of birth for consistency across documents and with the person’s appearance.
- Ensuring the expiry dates of any limited leave to enter or remain in the UK have not passed.
- Checking any work restrictions.
- Ensuring the documents are genuine and have not been tampered with.
- Checking the reasons for any different names across documents (e.g., marriage certificate or divorce decree).
3. Make Copies and Record the Date
- Make a clear copy of each document in a format which cannot later be altered (e.g., a photocopy or a PDF scan).
- Record the date on which the check was made.
- For passports, copy any page with the document expiry date, the holder’s nationality, date of birth, and photograph, and any page showing immigration endorsements.
- For all other documents, make a complete copy.
4. Online Right to Work Check (Optional)
If the employee has an immigration status that can be checked online (such as settled or pre-settled status under the EU Settlement Scheme, or a biometric residence permit/card), you can use the Home Office online service:
- The employee will need to provide you with a “share code” which they can obtain from the UK government website.
- Use the share code along with the employee’s date of birth to check their right to work online.
- Download or print a copy of the online check result and store it.
5. Follow-Up Checks
- If the employee has a time-limited right to work, conduct follow-up checks before their right to work expires.
- Set reminders to perform these follow-up checks.
6. Use the Employer Checking Service
If the employee cannot provide the necessary documents and you have a reason to believe they have the right to work, you can contact the Home Office Employer Checking Service.
Documents Accepted for Right to Work Check:
- List A (permanent right to work):
- UK passport.
- Biometric Residence Permit indicating indefinite leave to remain.
- Passport or national identity card from a European Economic Area (EEA) country or Switzerland.
- Birth or adoption certificate from the UK, Channel Islands, Isle of Man, or Ireland.
- List B (temporary right to work):
- Biometric Residence Permit with a time-limited period.
- Passport endorsed to show the holder can stay in the UK and is allowed to work.
- A positive verification notice from the Home Office Employer Checking Service.
My HR Comment: Are all of your team legally entitled to work within the UK?
Matthew Chilcott, Owner of Consensus HR comments: “By following these steps, you can ensure compliance with UK immigration laws and avoid penalties for employing individuals who do not have the right to work in the UK.”
Consensus HR encourages clients to have a policy in place that covers all areas including:
How robust is your Recruitment Strategy? Talk to Matthew at Consensus HR and find out!”
Further information on my past experience can be found on my LinkedIn profile.
