What is a right to work check?

How to check right to work in UK?

In the UK, employers must check candidate right to work before hiring them, as it is a legal requirement. The right to work process involves authenticating the candidate's documents to ensure that they have the legal right to work in the UK. Businesses and organisations who fail to carry out the checks can face serious consequences, including hefty fines of up to £20,000 and imprisonment. 

Employers need to follow the guidelines regarding the right to work checks in the UK provided by the Home Office. The guidelines outline the steps for the employer right to work checks, including: 

1. Obtain the candidate's original documentation 

Employers need to obtain the candidate's original documentation to verify their identity and their right to work in the UK; which may include a passport, national ID card, or a biometric residence permit. 

2. Check the documents 

Employers need to check the documents to ensure that they are genuine and that they belong to the candidate applying for the role. The checks involve comparing the documents to the candidate's appearance and checking for any signs of tampering or alteration. 

3. Make a copy of the documents 

Employers will need to make clear and easy to read copies of the individual's documents and keep them on file in a secure location. 

4. Record the date of the check 

Employers need to record the date that the check was carried out. The date should be recorded on the copy of the documents and on the candidate's file. 

5. Carry out follow-up checks 

Employers need to carry out follow-up checks if the candidate has a limited right to work in the UK. The follow-up checks involve checking the candidate's documentation again before the expiry date of their right to work. 

How long does right to work check take? 

The duration of a right to work check can vary depending on the specific circumstances of the individual and the method used to conduct the check. If the employee has the required documents readily available, the check can be completed quickly, sometimes within a few minutes. However, if the employee is unable to provide the necessary documents, or if there are discrepancies or issues with the documents provided, the process may take longer. 

When did Right to Work checks start in the UK? 

The right to work checks in the UK were first introduced back in 1997 as part of the Asylum and Immigration Act. This legislation required employers to verify the immigration status of their employees to ensure that they were legally allowed to work in the UK. 

Over the years, the requirements for these checks have evolved and become more rigorous, with the introduction of the online Right to Work Checking Service in 2019 being the most recent development. 

Today, all employers in the UK are legally required to conduct right to work checks on their employees before hiring them. The latest introduction to these checks came in from 1st October 2022, where the Home Office have brought into place the need to use Identification Document Validation Technology (IDVT), where employers will carry out digital checks on British and Irish citizens who hold a valid passport. 

At Access Screening, we have developed a quick and easy app to ensure you can comply with the Home Office’s legislation within 5 easy steps.

Do recruitment agencies have to check for right to work?

The answer to this question is simple and every agency should already be aware – yes. All recruitment agencies in the UK have a legal obligation to check a candidate's right to work before presenting them to their clients. The Immigration, Asylum and Nationality Act 2006 calls for all employers, including recruitment agencies, to carry out right to work checks on their potential employees.  

Recruitment agencies are responsible and accountable for ensuring that their candidates have the legal right to work in the UK, and that they are not breaking any laws by presenting candidates who do not have the right to work. The specific checks are important to ensure that the agency and their clients are not liable for employing illegal workers, which can result in severe penalties.  

Despite the difference in industries, the process for carrying out the right to work checks is the same for recruitment agencies as it is for organisations that sit within finance, education or health and social care for example. The agency must collect the candidate's original documentation, make sure that the documents to make they have provided are genuine, make clear and legible copy of the documents, record the date of the check, and if necessary, carry out follow-up checks on the candidates. 

Recruitment agencies can either carry out the checks themselves, or they can use a third-party provider to carry out the checks on for them. However, it is imperative that an agency makes sure that the third-party provider is a registered provider and approved by the Home Office to conduct these checks.

It is worth noting that some recruitment agencies may require additional documentation or information from candidates, such as proof of address or references from previous employers. This is to ensure that the agency is presenting the client with the most suitable and qualified candidates, and to reduce the risk of presenting candidates who may not have the right to work.