For businesses operating in the UK, conducting Right to Work (RTW) checks is not just a legal obligation but a critical step in safeguarding your organisation. These checks help ensure compliance with immigration laws and prevent unlawful employment, which can lead to significant penalties and reputational damage.
Let’s dive into why performing RTW checks is a non-negotiable aspect of recruitment in the UK.
1. Legal Compliance
The primary reason to conduct RTW checks is to comply with UK immigration laws. The Immigration, Asylum and Nationality Act 2006 mandates that employers verify the right to work of every individual they hire. Failure to do so could result in:
Civil Penalties: Fines of up to £60,000 per illegal worker.
Criminal Charges: Employers found knowingly employing someone without the right to work may face unlimited fines and up to 5 years in prison.
Conducting these checks correctly provides a "statutory excuse," protecting your business from liability if a worker is later found to be ineligible.
2. Safeguard Your Business Reputation
Employing someone without the right to work can tarnish your company’s reputation. It can lead to negative media coverage, loss of customer trust, and difficulties in attracting top talent. Demonstrating due diligence in RTW checks shows that your organization is responsible, ethical, and committed to compliance.
3. Protect Against Discrimination Claims
Properly conducted RTW checks help ensure fairness and consistency in your hiring process. By checking every candidate’s documents, regardless of nationality, you avoid discriminatory practices. This aligns with the Equality Act 2010, which prohibits discrimination in recruitment based on race or nationality.
4. Support the UK Workforce
Ensuring that all employees have the right to work protects the integrity of the UK labor market. It helps create a level playing field for businesses and safeguards job opportunities for workers who are legally entitled to be employed.
5. Future-Proof Your Business
Post-Brexit, the UK’s immigration landscape has changed significantly, with the introduction of the points-based immigration system. Employers must now carefully verify the right to work for EU, EEA, and Swiss nationals, who may need to demonstrate settled or pre-settled status under the EU Settlement Scheme.
Keeping up-to-date with these changes ensures your business remains compliant in a rapidly evolving legal environment.
How to Conduct Right to Work Checks
Conducting a compliant RTW check involves three key steps:
Obtain Original Documents: Ask the applicant to provide acceptable documents proving their right to work, such as a UK passport or Biometric Residence Permit.
Verify Authenticity: Check the validity of the documents in the applicant’s presence, ensuring they match the individual and are genuine.
Keep Records: Retain copies of the documents and note the date of the check. This record should be kept securely for at least two years after the employment ends.
With the advent of digital technologies, employers can also use the Home Office’s online Right to Work checking service, particularly for non-UK citizens with digital immigration status.
What about Digital Right to Work?
Digital Right to Work checks using Identity Document Validation Technology (IDVT) offer a streamlined alternative to manual document verification. By working with certified IDVT providers, employers can quickly and securely validate documents like passports and biometric residence permits online. This method reduces administrative burden, speeds up the hiring process, and ensures compliance with Home Office standards—all while supporting remote and hybrid hiring practices.
The Risks of Neglecting Right to Work Checks
Beyond legal and financial consequences, failing to conduct RTW checks could result in operational disruptions, particularly if employees are found ineligible to work and must be dismissed. Moreover, businesses found in breach may be listed publicly by the Home Office, leading to reputational damage.
Make Right to Work Checks a Standard Practice
Incorporating RTW checks into your hiring process is straightforward and beneficial. It protects your business, fosters trust with stakeholders, and ensures your workforce is legally compliant. By staying proactive, you demonstrate your commitment to fair and lawful employment practices.
