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Right to work checks

Checking an employee’s right to work is not as simple as taking a copy of their passport although I have conversations with employers who seem to think it is.

Incidentally, although the United Kingdom has left the European Union, right to work checks for EU nationals (and nationals of Switzerland, Norway, Iceland and Lichtenstein) will not change until 1 July 2021. We are keeping up to date on immigration developments and will post more in this subject at the appropriate times.

So what’s required when undertaking checks (which must be done before an employee starts work)?

  1. You must see the original documents;
  2. You must check that the documents are valid with the applicant present; and
  3. You must keep copies of the documents and record the date that the checks were performed.
  • What to check:
    1. Ensure the documents are genuine, original and have not been tampered with
    2. Ensure the document holder is the same person in the passport photograph
    3. Ensure any specified right to work dates have not expired
    4. Ensure all dates of birth match in all documentation
    5. Are there any restrictions on the type of work the applicant can undertake?
    6. Are there any limits on the number of hours the applicant can work?
    7. If employing a student ensure you see details of study and vacation times (they will usually have restrictions on working hours during term times)
    8. If documents show different names does the applicant have other explanatory documentation?
    9. Remember to diarise to undertake further checks before any expiry dates.
  • Taking copies:
    1. Ensure that copies are legible
    2. For passports, copy all pages with expiry dates and the applicant’s details including endorsements (e.g. work visa)
    3. Copy both sides of biometric cards
    4. Take a complete copy of any other documents
    5. Keep copies for the duration of employment and for 2 years post employment
    6. Record the date the copy was made

    In most serious cases you face up to 5 years’ imprisonment and an unlimited fine if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ did not have the right to work in the UK. You can also be penalised if you illegally employ someone and did not perform the right checks or did not do them properly. If so you may have to pay a civil penalty of up to £20,000 per employee.

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