Employers in the UK have a legal responsibility to verify that all employees have the right to work. The right to work check is an essential part of the hiring process, ensuring an individual is eligible to work and preventing unlawful employment.
With the shift towards the eVisa digital immigration system and the phasing out of Biometric Residence Permits (BRPs), it is increasingly important for employers to review and update their right to work processes to align with these changes.
The Home Office provides detailed guidance on conducting right to work checks, which can now be carried out using various methods, including share code verification via the online service, digital checks, manual checks and the Employer Checking Service (ECS).
Right to Work Share Codes
As the UK's immigration digital system becomes standard, right to work share code checks are becoming more prevalent. Employees provide a share code generated on the Home Office system to their employer. To check the share code, the employer then uses the Home Office online service to verify the individual’s immigration status. This generates official confirmation of their right to work. The checks are secure, quick and are free to use.
Employers must retain a copy of the result for compliance purposes.
Digital Right to Work Checks
Digital checks, facilitated by Identity Service Providers (IDSPs), are an efficient option for verifying the right to work, notably for British and Irish nationals. Employers must select certified IDSPs that meet Home Office standards and review the results carefully to ensure compliance. Responsibility remains with the employer to address any discrepancies and retain evidence.
Manual Right to Work Checks
Manual checks involve obtaining original, acceptable documents, such as passports, verifying their validity and retaining clear copies with a record of the check date. For employers, this option can carry higher compliance risks than digital verification and is now typically only used for employees whose right to work cannot be verified digitally.
Employer Checking Service (ECS)
The ECS is used when an individual’s right to work cannot be confirmed through standard methods. This service provides employers with confirmation of an individual’s eligibility during interim periods, such as when their immigration status is being processed. Documentation of ECS checks is mandatory for compliance.
Right to Rent Checks
Right to work checks differ from right to rent checks, which landlords use to verify an individual’s eligibility to rent property in the UK using a right to rent share code. Both processes share similar principles and support broader government efforts to regulate immigration and prevent unlawful activities.
Compliance Risks
Employers must ensure robust systems are in place for conducting and documenting right to work checks. Proper training for recruitment and onboarding staff is essential to avoid breaching the regulations. Checks must be completed before employment begins to mitigate risks such as fines, reputational harm, or criminal liability. Employers must also ensure that follow up checks are conducted as required for employees with temporary work permission.
Failing to conduct proper right to work checks can result in civil penalties of up to £45,000 for an initial breach, increasing to £60,000 for repeat offences. Severe breaches may also lead to criminal prosecution and penalties against the organisation's sponsor licence, if they have one.
Need assistance?
The right to work check is an integral part of checking someone's immigration status and employing workers in the UK. DavidsonMorris offers a complete right to work service, including immigration training, immigration audits and consultancy support, with our team of UK immigration specialists highly experienced in all employer compliance requirements.
For guidance on how to comply with your obligations to avoid enforcement action, penalties, contact us.
