Change to Right to Work in the UK Procedure

Change to Right to Work in the UK Procedure

As an employer you have a duty and an important role to play in preventing illegal working.  This requires employees to conduct document checks to make it harder for people with no right to work in the UK to unlawfully obtain or stay in employment, and to make it easier for the employer to ensure that you only employ people who have permission to do the work in question.

This process often means a delay in the commencement of employment whilst documents are checked.  Originals must be produced and the validity of the documents checked whilst in the presence of the holder.  A clear copy must then be retained and a record of the date of the check recorded.

However, the Home Office has announced that, from 28th January 2019 employers will be able to rely solely on the GOV.UK online Right to Work Checking Service. https://www/gov.uk/employer-immigration-employment-status

This means that, in specified circumstances an employer can establish if a person has the right to work in the UK, meaning that employers will no longer have to request paper documents alongside using the service. Changes to illegal working checks have been made under the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018, www.legislation.gov.uk accompanied by a revised Code of Practice on the Prevention of Illegal Working. This service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals who have been granted settled status under the EU Settlement Scheme. EEA nationals who do not have settled status under the EEA scheme will still need to demonstrate their right to work through the appropriate documents.

If an employer is found to be employing somebody illegally and a prescribed check has not been carried out, action will be taken against the employer and sanctions will be applied.  If you know or have reasonable cause to believe that you are employing someone who is not allowed to carry out the work in question, you will not have a statutory excuse, regardless of whether you have conducted specified checks.

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