Comprehensive Guide to Completing Employer Right to Work Checks

Comprehensive Guide to Completing Employer Right to Work Checks

Introduction

Employers in the UK are legally required to verify that all their employees have the right to work in the country. This guide provides a detailed overview of how employers can efficiently conduct right to work checks, ensuring compliance with immigration laws and regulations. It includes steps for using share codes, the Home Office Employer Checking Service (ECS), Identity Service Providers (IDSP), and manual document checks.

How to Complete Employer Right to Work Checks

Employers must confirm the right to work for their job applicants to avoid hefty fines or imprisonment for hiring illegal workers. Follow these steps to validate an employee's right to work using a share code:

1. Access the Home Office Online right to work checking service through https://www.gov.uk/view-right-to-work.
2. Scroll to the bottom of the page and click ‘Start Now’.
3. Enter the nine-character alphanumeric code provided by the employee and their date of birth.
4. Verify the individual's name and right to work details displayed on the screen.
5. Check the types of work they are permitted to do and the duration of their employment in the UK.
6. Ensure that the photograph on the profile matches the individual.
7. Save a copy of the profile page and retain it securely along with a clear copy of the individual's passport for the duration of their employment and for two years afterward.

Alternative Right to Work Verification Methods

Using the Home Office Employer Checking Service (ECS)

If you cannot verify an employee’s right to work using their documents or the online check, use the ECS. This service is essential for individuals awaiting decisions on their EU Settlement Scheme (EUSS) applications or appeals, or those presenting a Certificate of Application valid for less than six months.

1. Access the ECS through https://www.immigrationstatuscheck.service.gov.uk/employers/.
2. Provide necessary details such as the employee’s full name, date of birth, job title, hours worked per week, home address, nationality, and Home Office reference number or case ID.
3. If the individual has the right to work, the Home Office will send a Positive Verification Notice (VPN) valid for six months, which you must retain as proof.

Using an Identity Service Provider (IDSP)

Certified IDSPs, also known as right-to-work check providers, help employers verify the right to work for remote employees with valid Irish passport cards or British/Irish passports.

1. Confirm the candidate's eligibility for a digital right to work check with a valid UK or Irish passport or passport card.
2. Engage a certified IDSP provider from the official GOV.UK list.
3. The candidate uploads a digital copy of their passport or passport card and a selfie image in the IDSP system.
4. The system validates the document, confirms it belongs to the individual, and produces an IDVT check output.
5. The employer reviews the output to ensure the photograph and biographical details match the individual to prevent impersonation.

Retain a copy of the IDSP report throughout the individual’s employment and for two years afterward. Employers must ensure compliance even when using IDSPs, as they are liable for penalties if the employee is found to be working unlawfully.

Manual Document Checks

To conduct a manual right to work check:

1. Obtain the individual’s original identity documents. Do not accept biometric residence cards or permits; ask for a share code instead.
2. Verify the validity of the documents in the individual’s presence.
3. Securely copy and retain the documents, noting the initial check date and any follow-up checks if the document has an expiry date.
4. Ensure documents are original and unchanged, photos match across documents, the date of birth is consistent, and any name differences are supported by additional documents like a marriage certificate.

If the candidate is not a British or Irish citizen, verify the following:

• Ensure the dates permitting the candidate to work in the UK are valid.
• Confirm the candidate is authorized to perform the type of work offered, including any constraints on working hours.
• Students should provide evidence of their academic study periods and vacation times.

Conclusion

Conducting thorough right to work checks is essential for legal compliance and avoiding penalties. This guide offers a comprehensive approach to using share codes, the Home Office ECS, IDSPs, and manual checks, ensuring employers can confidently verify the right to work status of their employees.

Note: This article provides general guidance and should not replace professional legal advice.