Checking your employees have the Right to Work in the UK
The Prime Minister’s announcement about a new Digital ID scheme to prevent illegal working is a big headline at the minute, but do you know Right to Work checks are already an employer duty? This has always been the case since my career began, but it is an area that causes confusion.
Employers need to do these for every employee, before they start any work. It is a legal obligation to prevent illegal working.
So why isn’t everyone doing it already?
Although this isn’t new, I still find many employers aren’t quite sure about how to do Right to Work checks properly, or how to retain the correct evidence that they have done them. Having the right evidence could provide you with a statutory excuse against a fine, even if you were ultimately found to be employing someone illegally (but unintentionally). Some people think they are doing them properly, but have been left behind by the changes that have happened in recent years.
Other people don’t do them at all, there is sometimes a misconception that the law doesn’t apply to everyone, absolutely regardless of their nationality. Just because you can tell me that you know that someone is Scottish, or you know their family, unfortunately that does not stand up in law.
Sounds boring. Doesn’t that take ages though?
No, it really doesn’t need to take long, and it shouldn’t be awkward as long as you are asking everyone the same there is no need to worry about asking for this evidence. It’s simply part of your legal compliance. If you simply make a note to ask every candidate you interview to present their evidence, it just becomes part of the process. If you find a situation where you’re not quite sure that someone does meet the requirements, then just pause and take the time to take advice and check the situation fully to find out if you can legally employ them.
Personally I imagine having to deal with a fine or potential prison stay for not doing it would be much more long and boring, but maybe that’s just me.
If you’re not totally confident about doing your Right to Work checks, please act now and make sure your business is definitely covered, and that all your recruiting managers are properly briefed too. Don’t wait for Digital IDs or other potential changes!
Great news – You don’t even have to pay anyone for this info, because the Government have a handy 60 page guide on their website!
But if you do want to double check what you’re doing (or not doing at all) with a friendly human, feel free to get in touch. I promise you wont be the only one that isn’t doing it, and I can give you some guidance to get you back on track.