Right to work check

Right to Work Checks: Guidance for Employers

At Amicis Legal Services Ltd, we understand the importance of complying with the prevention of illegal working legislation as a UK employer. It is our commitment to help you navigate the complexities of Right to Work checks to ensure that every employee in your organization has the necessary permission to perform their work legally.

As part of the recruitment process, it is crucial to conduct these checks indiscriminately on all prospective employees, irrespective of their nationality, race, or ethnicity. Any form of discrimination in this regard could lead to serious legal consequences and complaints of unlawful discrimination.

The Right to Work provisions are outlined in Sections 15 – 25 of the Immigration, Asylum and Nationality Act 2006, supported by regularly updated guidance from the Home Office. Our team stays informed and up to date with the latest guidance to ensure that you meet your obligations as an employer.

By conducting Right to Work document checks in the correct manner, you can establish a strong statutory defense against allegations of compliance breaches. Demonstrating consistent and compliant measures in your hiring process will help you prove that you have taken the necessary steps to only employ individuals with the legal right to work in the UK.

At Amicis Legal Services Ltd., we emphasize the importance of implementing compliant and consistent Right to Work processes. While the central HR function may have developed a system that complies with the Right to Work legislation, it is common for checks conducted locally in branches or offices by line managers and supervisors to fall short of the required standard. This poses a significant compliance risk and can result in Home Office enforcement action against the entire organization.

Our Services:

We provide comprehensive guidance on conducting Right to Work checks in accordance with government requirements. Our services include:

Manual Right to Work Checks: We assist you in conducting face-to-face checks, ensuring that you obtain and verify the physical copies of the required documentation. Our experts guide you through the three essential steps of a compliant manual Right to Work check:

Step 1: Obtain the Documentation: We help you acquire the original documents in the presence of the individual, either physically or through live video, as per Home Office guidelines.
Step 2: Check the Documentation: Our professionals ensure a thorough verification process, checking for authenticity and consistency across all provided documents.
Step 3: Retain the Check: We guide you on proper record-keeping practices, ensuring that you retain clear and legible copies of the documents for the duration of employment and two years thereafter.

Digital Right to Work Checks: Our team assists you in utilizing Identity Document Validation Technology (IDVT) for digital checks on British and Irish citizens. We ensure that you follow the correct procedures to obtain and retain the necessary checks, providing you with the required level of confidence in the verification process.

Online Right to Work Checks: We guide you through the online checking service and help you navigate the use of employee share codes for verifying an individual’s right to work. Our experts ensure that you correctly access and record the necessary information to establish a statutory excuse.

Employer Checking Service: For cases where online or manual checks are not feasible, we assist you in utilizing the Employer Checking Service (ECS) provided by the Home Office. Our team ensures that you comply with the service requirements to request verification of an individual’s immigration status.

At Amicis Legal Services Ltd, we are dedicated to providing expert business immigration legal advice and support to UK employers, ensuring compliance with their obligations to prevent illegal working. Our team of specialist advisors is here to help you navigate the complexities of Right to Work checks and ensure a legally compliant workforce.

We understand that conducting proper Right to Work checks requires the involvement of various personnel involved in recruitment and onboarding, not just limited to HR and line managers. To ensure consistent and correct checks, it is essential to train all relevant personnel in performing the checks accurately. In addition, regular spot-checks of documents should be conducted by HR to maintain standards and identify any potential issues that need to be addressed.

While employers are not expected to possess expert levels of fraud detection, there are certain expectations in discharging their duty under the prevention of illegal working regime. Our experienced advisors can guide you on meeting these expectations and provide you with the necessary knowledge and tools to ensure compliance.

If you have any questions or concerns regarding any aspect of Right to Work checks, including the practical implications of the coronavirus-adjusted Right to Work checks, do not hesitate to contact us. Our team is ready to assist you in avoiding Home Office penalties and ensuring a compliant and legally sound approach to your workforce.

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