Discover the importance of Annaizu Compliance Management in today's business landscape and how a Home Office compliance management platform can help your business streamline its compliance efforts, reduce risks, and stay ahead of regulations.
What is a Right to Work Check?
A right to work check is a legal requirement for UK employers to confirm that an individual is permitted to work in the UK.
Employers must:
- Carry out checks before employment begins.
- Apply checks to all employees, regardless of nationality.
- Keep records as proof of compliance.
Why Are Right to Work Checks Necessary?
Right to work checks exist to prevent illegal working in the UK.
Under the Immigration, Asylum and Nationality Act 2006, employers may face:
- Civil penalties of up to £20,000 per illegal worker.
- Sponsor licence suspension or revocation.
- Reputational and operational risks.
How to Conduct a Right to Work Check (Step-by-Step)
1. Request a Share Code
Ask the worker to provide:
- Share code.
- Date of birth.
👉 https://www.gov.uk/prove-right-to-work
2. Use the Employer Checking Service
Access the official service:
👉 https://www.gov.uk/view-right-to-work
3. Enter Details
- Input the share code.
- Add the worker’s date of birth.
- Retrieve their status.
4. Review the Worker’s Status
- Confirm permission to work.
- Check restrictions.
- Match photo with the individual.
5. Download and Save Evidence
- Download PDF proof.
- Store securely.
6. Record and Retain
Ensure records include:
- Employee name and photo.
- Date of check.
- Employer details.
Keep records for:
- Duration of employment.
- Plus 2 years after employment ends.
What Happens If a Worker Fails a Check?
If an employee does not pass:
- Do not proceed with hiring.
- Inform the candidate.
- If already employed, take appropriate legal action.
Common Mistakes Employers Should Avoid
- Accepting expired documents.
- Missing repeat checks for visa holders.
- Not maintaining proper records.
- Relying only on job titles.
Post-Brexit Right to Work Rules
Since Brexit:
- EU, EEA, and Swiss citizens must prove immigration status.
- Typically via the EU Settlement Scheme or visa routes.
Common visa routes include:
- Skilled Worker visa.
- Health and Care Worker visa.
How Annaizu Can Help
Annaizu supports businesses with:
- Right to work compliance systems.
- Sponsor licence management.
- Home Office audit preparation.
- Immigration process support.
Conclusion
Right to work checks are essential for UK compliance. Following the correct process and maintaining accurate records will help protect your business from penalties and ensure smooth operations.
FAQs
What happens if I don’t carry out a check?
You could face fines of up to £20,000 per illegal worker.
How long should I keep records?
For the duration of employment and 2 years after.
Can I accept copies instead of originals?
Yes, if checks are completed correctly and recorded.
What if I make a mistake?
Correct it quickly—this may reduce risk of penalties.
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