Definition
A mandatory verification process that employers must conduct to confirm a prospective employee has legal permission to work in the UK. This involves checking and retaining copies of specified original documents before employment begins.
UK Context
Under the Immigration, Asylum and Nationality Act 2006, employers face civil penalties of up to 45,000 pounds per illegal worker for first breaches and potential criminal prosecution. The Home Office publishes a list of acceptable documents, and employers can use the online right-to-work checking service.
Best Practices
- Always conduct checks before the employee's first day of work, never retrospectively
- Keep clear dated copies of documents and record the date of the check
- Set up a system to track expiry dates of time-limited permissions and schedule follow-up checks
Frequently Asked Questions
When must a right-to-work check be completed?
The check must be completed before the individual starts work. If a follow-up check is needed for time-limited permissions, it must be done before the previous permission expires.
Can right-to-work checks be done online?
Yes, the Home Office provides an online checking service for individuals who hold a biometric residence permit, biometric residence card, or status under the EU Settlement Scheme. Otherwise, manual document checks are required.