All you need to know about the Right to Work Check

The Rights to work checks altered the UK Visas and Immigration in March 2020 the reason for this was an easier method for their transition and for any additional implementations occurring the Covid-19 pandemic. Initially, the checks were taken place via scanned copies and through video calls, shared over emails to take over the original ones. Though still the employees were told this and were ensured to make them aware that such procedures and measures would be temporary and can be creased after a particular announcement. To make sure that all future recruitments are made in consensus with the Government’s Right to Work plan, the immigration system has been made significant from the year 2021 and onwards, employers all around the UK have incorporated the advanced changes in their recruitment plans and strategies.

Right to Work checks and what is it important?

In organisations and businesses, it is a must to prevent illegal working to do this carry out checks whose objective shall be the confirmation that a person living in the UK carries a legal right to work. This is mandatory under The Immigration, Asylum and Nationality Act 2006.

In a situation where a person is limited or restricted to doing a certain type of job role/work only, and/or for the number of hours worked, cautious scrutiny must be paid to those positions, notwithstanding this is where the employment of those people must be discontinued to prevent any breach of those limitations or restrictions, otherwise the employers themselves will be held responsible for breaking the law. Fines and prison sentences in the worst-case scenarios are the penalties for such legal breaches that can be severe.

Implementing Right to Work checks:

• Subjected to temporary checks, identification of employees/ workers, as a normal process and documented for the future for references.
• Measuring the impact of the Covid-19 pandemic on the visa status of working environments with evidence and documentation.
• Putting into place scrutiny of the end results of applications with additional follow-ups with candidates till biometric residence permits (BRP) are registered over.

What is adjusted Right to Work Check in view of the Covid-19 situation?

Working from home known as remotely during the pandemic has been something where even organisational managements have been doing. In line with the UKVI policy right to Work, compliance must be maintained and prolonged. In a business it is mandatory for the employers to conserve and continue all the obligatory standards while taking place the Right to Work checks in a fully compliant procedure.

To ease employers’ dilemma and problems some short-term changes have been stated and introduced, to taking place rights to work checks by allowing the method/ process to be flexible, as we will talk about down below:

• Ensuring that video calls between employers/management and workers allow to put out checks;
• Splitting the scanned documents via email or any accepted or approved mobile app
• Giving permission for the use of Employer Checking Service for when an employee is not able to give any of the accepted documents.

Employers must ensure to maintain conduct and implement the Right to Work checks as stated in the UK Employer’s Guide. It is an offence that can be punishable in the UK to have the knowledge of employing a worker that does not have the Right to Work. It is essential for an employer to discontinue the employment of an employee immediately if it is established that they do not have any permission to be in the UK.

Things the employers must check.

• The documents that have been submitted are the originals and genuine.
• That the dates for the candidate’s right to work are not expired and that they are valid.
• For the same date of birth to be on all the documents given.
• As well as the same photograph to be used on all the documents and resemble the candidate.
• The candidate to get permission for the job role offered.

In a situation wherein employees/ workers are not able to provide their Right to Work proofs/ evidence, fairness and equality are essential to be implemented and no employee must not be discriminated against, because of any imperfections in furnishing evidence. In these circumstances, it should be referred to as The code of practice for employers: avoiding unlawful discrimination while preventing illegal working.

When an employer fails to perform a Right to Work check, are there any penalties?

Employed illegal employees/ employees that have no actual Right to Work in the UK, the employers who have been discovered to hire can face a civil penalty. They can also face civil penalties if they have not taken any check into a place.

If an employer is found to be guilty of hiring a worker who did not have any Right to Work with the employers having this information or having a reason to believe this, they can face a 5-year jail term. Also, an unlimited fine is imposed.

If the employer that it is hiring knows or has reasons to believe that:

• The employee does not have permission to enter or be in the UK.
• The employees leave date has expired.
• The employee’s documentation was false.
• Or that they were not allowed to do a certain type of job role.

It is key for employers to properly check that all their employees have the Right to Work within the UK and that they hold valid documents.

If an employer does hire/ employ someone who does not have the Right to Work in the UK and did not carry out any check or complete the checks properly he/ must be penalised.

A ‘referral notice’ is something that employers will normally receive when this happens to give them the knowledge that their case is under investigation, and that a civil penalty (fine) of up to £20,000 for each illegal employee may be imposed. If he/ she is found liable a ‘civil penalty notice’ may be sent to them and they have to respond back within 28 days.

Within the notice, there will be an explanation of the pending fines that need to be paid, the further steps that will take place and how any objection to this decision can be raised.

Immigration Enforcement may publish an employer’s organizational and business information to make other businesses aware of employing illegal workers.

If the employer can show they he/she made the correct and proper ‘right to work checks, no civil penalties are imposed.

The Government gives additional information about illegal working penalties.