Hiring Staff? Don't Forget Right to Work Checks
If you're running a business, hiring the right people is important—but so is making sure they have the legal right to work in the UK.
Many employers don't realise that checking a person's right to work is a legal requirement. Missing this step, even by mistake, could lead to serious consequences, including large fines.
What is a Right to Work check?
A Right to Work check is simply a way of confirming that someone is legally allowed to work in the UK before they start their job.
The law applies to every employer, whether you have one employee or more.
Do I need to check everyone?
Yes.
You should carry out a Right to Work check for every new employee, regardless of where they were born or their nationality. Treating everyone the same helps ensure your recruitment process is fair and avoids discrimination.
How do I carry out a check?
There are a few ways to do this, depending on the employee's circumstances.
Some people can prove their right to work online using a Home Office share code. Others may provide original documents, such as a British or Irish passport. In some cases, identity can be verified digitally through an approved provider.
The important thing is to complete the check before the employee starts work and to keep a record that the check was carried out.
What happens if I don't do the checks?
If you employ someone who doesn't have the right to work and you haven't completed the correct checks, your business could face:
Fines of up to £60,000 for each illegal worker.
Criminal prosecution in serious cases.
Damage to your business reputation.
Problems if you hold a Sponsor Licence to employ overseas workers.
For many businesses, these penalties could have a significant financial impact.
What if an employee has a visa?
Some employees have permission to work in the UK for a limited period. If this applies, you'll need to carry out another Right to Work check before their permission expires.
Keeping a simple diary reminder can help ensure these dates aren't missed.
Simple tips for staying compliant
Here are a few easy ways to protect your business:
Carry out a Right to Work check before every new employee starts.
Apply the same process to every employee.
Keep copies of the documents or online check results.
Record the date the check was completed.
Monitor visa expiry dates where applicable.
Ask for professional advice if you're unsure.
Need help?
UK immigration rules can sometimes seem complicated, especially for businesses without a dedicated HR team.
A quick review of your recruitment process today could prevent costly problems tomorrow.
If you have any questions or would like a recruitment policy please get in touch on 01473 276170 or email us at soshr@sos-hr.co.uk