Employers: Should you conduct a ‘Right to Work’ check? | Hudson McKenzie

Employers: Should you conduct a ‘Right to Work’ check?

October 17, 2018 | Immigration, Latest Thinking, News

The UKVI recently released several documents which outline and provide guidance with support for all employers who are thinking of conducting a ‘right to work’ check.

The documents are an initiative by the UK government to tackle the ongoing prevention of illegal working. This is because every job applicant must be allowed to work in the UK before they are employed.

For instance, the UK Government has outlined the following as the part of the ‘Right to Work Check’

  • The employer must see the work applicants original documents.
  • The documents presented by the worker to the employer must also be valid.
  • From this, the employer must make and keep copies of the documents received
  • The employer must keep a track record of the date that the right to work check was conducted.

The UK Government has also advised that all employers may face a ‘Civil Penalty’ if they employ an illegal worker without conducting a correct ‘Right to Work’ check.

In support of this, the UKVI has also recently released several documents in which the following is outlined, so to assist with the ‘Right to Work’ check:

  • Guidance on preventing illegal working in the U.K.
  • How an employer should carry out ‘right to work’ checks in the U.K.
  • Which documents are acceptable for the purposes of demonstrating a ‘right to work’ within the U.K.

In addition, an employer may also request a ‘Positive Verification Notice’ from the ‘employer checking service’. This notice will establish a ‘statutory excuse’ against any liability for a civil penalty, in relation to illegal working.

To find out more about this, please click here.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com

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