Right to Work Checks: Are You Fully Compliant?

Right to Work Checks: Are You Fully Compliant?

Right to Work checks are not just a procedural task—they are a legal requirement for every employer in the United Kingdom.

Introduction

Right to Work checks are not just a procedural task—they are a legal requirement for every employer in the United Kingdom. The penalties for non-compliance can be severe, including fines of up to £20,000 per illegal worker and potential criminal charges for serious breaches.

This guide will help you understand what a compliant Right to Work check looks like, common mistakes, and how Sitenet HR ensures your organisation stays compliant.

What Are Right to Work Checks?

A Right to Work check is the process of verifying that an individual has the legal right to work in the UK. Employers are required to:

  1. Check acceptable documents before employment starts
  2. Retain copies as evidence
  3. Conduct follow-up checks for employees with time-limited permissions

The Legal Framework

The Immigration, Asylum and Nationality Act 2006 places the responsibility on employers to prevent illegal working. Failure to carry out proper checks results in civil penalties and, in some cases, criminal prosecution.

What Documents Are Accepted?

Acceptable documents include:

  1. A British passport
  2. A passport with a valid visa or Biometric Residence Permit (BRP)
  3. A share code with the Home Office online Right to Work check
  4. Certificates of naturalisation or permanent residence

The Home Office provides detailed guidance on acceptable documents and processes.

The Three-Step Check Process

  1. Obtain Original Documents: Review the document while the employee is present (physically or via approved digital checks).
  2. Check Validity: Confirm the documents are genuine, relate to the person, and are not expired.
  3. Copy and Retain: Keep a clear copy with a date stamp of when the check was made.

Common Mistakes to Avoid

  1. Failing to check documents before employment starts
  2. Accepting expired visas or passports
  3. Not recording the date the check was conducted
  4. Not performing follow-up checks for time-limited visas
  5. Assuming online checks apply universally (some require document-based checks)

The Impact of Remote Working

With remote work becoming normal, employers must adapt Right to Work checks accordingly. Temporary COVID-19 adjustments allowed video checks, but from October 2022, employers must follow updated guidance, which includes using certified Identity Service Providers (IDSPs) for some checks.

How Sitenet HR Simplifies Right to Work Compliance

  1. Automated Reminders: Alerts when follow-up checks are due.
  2. Secure Document Storage: Upload and retain copies of all checks.
  3. Audit Trail: Maintain records of who conducted the check and when.
  4. Compliance Dashboard: Instantly view which employees require checks soon.

Real-Life Scenario

A medium-sized company with 30 international employees uses spreadsheets to track visas. One mistake—a missed follow-up check—leads to a £10,000 fine. After implementing Sitenet HR, the company automates all Right to Work checks, eliminating future risks.

Conclusion

Right to Work checks are vital to protecting your organisation from legal penalties and reputational harm. With Sitenet HR, these checks become seamless, secure, and error-free, ensuring full compliance at all times.