Right to Work Compliance in the UK

Are you navigating the complex terrain of Right to Work compliance? UK employers are legally obligated to conduct meticulous Right to Work checks on all employees to avoid substantial Home Office penalties. At Work Permit Cloud, we offer a comprehensive range of services, including training and consultancy, to empower employers in fulfilling their legal responsibilities.

Understanding Right-to-Work Compliance

Every company must verify and maintain evidence of each employee's legal eligibility to work in the UK. Employers who fail to adhere to these requirements may face substantial fines and other punitive actions. Even with a commitment to compliance, practical challenges can still lead to breaches and enforcement actions. Challenges may arise when striving for consistency in implementing Right to Work processes across organisations with multiple sites and a dynamic workforce. Additionally, interpreting extensive guidelines and keeping pace with ever-changing legislation from UKVI can be demanding.

Our Right to Work Solutions

The UK immigration specialists at Work Permit Cloud are here to provide comprehensive support for all aspects of immigration compliance, particularly Right to Work checks. We understand the intricacies and nuances of the process, making us your trusted partner in navigating this compliance landscape.

Types of Right-to-Work Checks

There are several ways to conduct a Right to Work check, each dependent on the employee's nationality and immigration status. These include:

Identity Service Provider Right-to-Work Checks:

These checks involve using an Identity Service Provider (IDSP) to digitally verify a worker's identity using Identity Document Validation Technology (IDVT). While IDSPs handle the verification process, employers must ensure the check's validity and securely retain the necessary data.

Online Right-to-Work Checks Using Share Codes:

This free Home Office service allows prospective employees to provide an alphanumeric code to verify their right to work. Employers can access this information in real-time, confirming the employee's eligibility to work in the UK.

 Manual Document Right-to-Work Checks: 

This process involves in-person checks using original documents from List A or B of acceptable documents. Employers must confirm the employee's eligibility, check document authenticity, and retain clear copies for record-keeping.

Employer Checking Service Right to Work Checks: 

These checks apply when an employee has a pending application for further leave to stay in the UK. Employers must use the Employer Checking Service (ECS) to obtain a positive verification notice (PVN) to confirm the employee's right to work.

Follow-Up Right-to-Work Checks

Regular Right to Work checks are essential, not only for new hires but also for existing employees with time-limited work permissions. Follow-up checks are crucial to maintaining compliance and avoiding civil penalties.

Employer Considerations

The Immigration, Asylum, and Nationality Act 2006 mandates non-discriminatory Right to Work checks for all employees, regardless of nationality, length of service, or role. Employers must correctly categorise employees as List A or List B, with further subdivisions.

Stay Compliant with Work Permit Cloud

Work Permit Cloud specialises in supporting UK employers with Right to Work compliance. Our team of immigration experts and former Home Office employees offers guidance, assurance, and technology-assisted techniques to help you meet your compliance obligations. Our services include policy reviews, personnel record audits, training, and more. For expert assistance in navigating Right to Work compliance, please contact us.

Right to Work FAQs

What are Right to Work checks?

Right-to-work is conducted by employers to prevent illegal working, ensuring that employees have the legal right to work in the UK.

Are Right to Work checks mandatory?

Yes, all UK employers must conduct prescribed Right to Work checks on new employees.

What are the three steps of a Right to Work document check?

The three steps involve asking for original documents, checking their validity with the employee present, and making and retaining copies.

How long do Right to Work checks take?

The duration varies based on the type of check, with some taking only minutes and others longer, depending on the method used.