All companies have a statutory obligation to check their employees’ Right to Work in the UK. We’ve listed 5 essential aspects of a solid right to work checking process.
1. Know the law
Is everyone involved in the front line of recruitment familiar with the law?
Immigration laws frequently change. You need to be on top of these changes as they can impact your recruitment policy and checks. We recommend you keep and eye on UK Government Feed for updates to Right to Work regulations.
You should also be aware that your organisation must conduct the checks. The Home Office states:
‘As the employer, you are liable for the civil penalty even if the actual check is performed by a member of your staff. You are unable to establish a statutory excuse when the check is performed by a third party, such as an independent payroll company.’
2. Follow a process
Do all your recruitment staff adhere to your organisation’s process to the letter?
The implications of a slip-up can be major. Only a solid statutory excuse will prevent prosecution. You can read more about the statutory excuse in our handy guide.
An incorrect check has implications beyond simple penalties. The hit on your businesses reputation can have long lasting effects.
Those involved in Right to Work checks should have a clear checklist to follow. Providing reference materials for queries, and an ‘internal expert’ can also be helpful. Here is an FAQ Guide to assist with this.
3. Document your process
Do you have a documented process that matches the guidance from the government?
Employees must follow a clear process to make sure they always conduct compliant checks.
We recommend that you document your process. Make sure you cascade it to those within your organisation undertaking these checks. You can find a useful guide to developing a process Here.
4. Store the check
Do you have a secure, reliable method to store checks and the associated copies of relevant ID documentation. Is it immediately accessible and searchable for inspection purposes?
Sensitive ID data is captured when undertaking a Right to Work check. It is vital to store this safely and securely.
Bear in mind that you must store checks for 2 years after an employee has left the business. It’s worth reviewing your policy on storing this data.
5. Check your process
Do you conduct regular audits or spot checks to ensure that employees perform compliant checks?
Failure can result in a £20,000 civil penalty per illegal worker and a potential criminal conviction.
Immigration officers can now shut down a business for 48 hours for investigation. We recommend you revisit your checking process on a regular basis to avoid the risk of a slip up. If you find a hole, have a process to support and train your staff to patch it.
That’s only the tip of the iceberg
Those 5 tips are a taster. We have identified 32 aspects(!) that a compliant right to work procedure should include. If you would like a copy of this checklist or would like to discuss any of the points above then please Contact Us.
Is there any way to just automate the process?
Absolutely. Rightcheck, our mobile app, enables you to perform Right to Work checks with a mobile device. It even works offline!
Rightcheck has a built-in logic and process flow that caters for all categories of employment and nationality. You’ll no longer need to research the necessary process and documents every time you do a check.
The solution includes a comprehensive management portal for web browsers. You can review, approve and download checks in a matter of seconds ready for any audit. You can also set-up management user roles and assign checks to employees where more information is needed.
If you want more info, Contact Us, we’d love to show you a demo so you can see it in action!