Ensuring employees have the legal right to work in the UK is a critical compliance obligation for employers. However, many businesses still fall into common pitfalls that can lead to severe consequences. This article explores these mistakes, the importance of Right to Work (RTW) checks, and how to complete them correctly.
Relying on Expired or Cancelled Documents: Employers must ensure that the documents presented are valid at the time of the check. Using expired or cancelled documents can lead to compliance breaches.
Accepting Incorrect Documents: A UK driving licence, for example, does not prove the right to work in the UK. Employers should refer to the Home Office’s extensive guide to acceptable documents.
Not Conducting Checks Before Employment Starts: Allowing someone to start work before verifying their right to work can result in employing someone illegally.
Failing to Record the Date of the Check: Employers must clearly record the date when the documents were checked to ensure compliance.
Not Following Up on Time-Limited Visas: If an employee has a time-limited visa, the employer must conduct a follow-up check before it expires.
RTW checks are crucial for maintaining legal compliance and avoiding severe penalties. Employers who fail to conduct proper checks can face penalties of up to £60,000 per illegal worker, potential criminal liability, and loss of sponsorship licenses. Additionally, non-compliance can lead to operational disruptions and reputational damage.
A recent survey conducted by Verian on behalf of the Home Office revealed several key findings:
Employer awareness of, and self-reported compliance with, Right to Work checks – GOV.UK
Verify Documents: Ensure the documents presented are valid and acceptable according to the Home Office guidelines. This includes checking the authenticity and expiration dates.
Record the Check: Clearly record the date when the documents were checked. This can be done by writing on the copy: “This right to work check was made on [DATE]” and signing it.
Follow Up on Time-Limited Visas: Conduct follow-up checks before the visa expires to ensure continued compliance.
Use Online Verification Tools: For non-British and non-Irish nationals, use the Share Code and UKVI’s online service to verify their right to work.
By avoiding these common mistakes and adhering to the correct procedures, employers can ensure they remain compliant with RTW regulations and avoid costly penalties.
To find out more information or to discuss RTW checks, please get in contact with our team of experts.
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