Right to Work

Understanding Right to Work in the UK: Employer and Worker Responsibilities

Both workers and employers in the UK have critical responsibilities when it comes to verifying the Right to Work. Employees must provide evidence of their eligibility, while employers are required by law to verify these rights before employment begins and, if needed, carry out periodic follow-up checks.

This guide outlines key elements of the Right to Work regulations, explaining how both parties can remain compliant with UK laws, thereby avoiding significant penalties.

Section A: What Does “Right to Work” Mean?

The term Right to Work refers to an individual’s legal permission to work in the UK, based on their citizenship or immigration status. This legal framework ensures that only those with proper permission can be employed, maintaining fair labour practices and preventing exploitation or illegal employment.

The Immigration, Asylum and Nationality Act 2006 requires employers to verify the Right to Work for all new hires. Failing to do so can lead to serious consequences, including financial penalties and, in some cases, criminal charges.

1. Worker Responsibilities

All workers, regardless of nationality, are responsible for providing the correct documents to prove their Right to Work in the UK. They must also keep their documentation up to date and notify their employer of any changes to their immigration status that may impact their work eligibility.

2. Employer Responsibilities

Employers must conduct Right to Work checks before any employment begins. They are also responsible for maintaining records of these checks throughout the period of employment and for two years after the employment ends. For employees with limited permission to work, employers must conduct follow-up checks before the expiry of their current status.

3. The Role of the Home Office

The Home Office oversees Right to Work regulations, ensuring compliance through the following actions:

• Issuing guidance and providing the Employer Checking Service for verifying employees’ status.
• Conducting audits and inspections to ensure adherence to the regulations.
• Enforcing penalties and legal action when non-compliance is detected.

Section B: Categories of Individuals with the Right to Work in the UK

An individual’s Right to Work is determined by their nationality or immigration status. Here’s a breakdown of the key categories:

Category	Right to Work Status
UK Citizens	UK citizens are automatically granted the Right to Work with no restrictions.
Irish Citizens	Due to the Common Travel Area, Irish citizens also have unrestricted permission to work in the UK.
Indefinite Leave to Remain (ILR)	Individuals with ILR can work in the UK without any restrictions.
EU Settled or Pre-Settled Status	After Brexit, EU citizens with settled or pre-settled status can continue working in the UK.
Limited Leave to Remain	Individuals with certain visas (e.g., Skilled Worker, Family, or Student visas) can work under specific terms.
Work Visa Holders	Visa holders under schemes like the Skilled Worker visa have defined work permissions.

Section C: Types of Right to Work Checks

Employers are legally required to conduct Right to Work checks on all new employees, which helps ensure that no one is hired illegally. There are several ways to perform these checks, depending on the employee’s status:

Check Type	Applicable Circumstances
Share Code Check	When a worker provides a share code from the Home Office, such as those with settled status.
Immigration Document Check	When a worker provides physical immigration documents (e.g., visa or biometric residence permit).
Employer Checking Service	Used when a worker has an outstanding Home Office application or appeal.
Windrush Scheme Check	When a Commonwealth citizen verifies their status under the Windrush Scheme.
IDSP (Identity Service Provider)	For British or Irish citizens with passports or passport cards.

Employers must retain copies of the relevant documentation as proof that they have complied with their legal duties, thereby protecting themselves from potential penalties.

Digital Right to Work Checks

Employers can use Identity Service Providers (IDSP) to perform digital Right to Work checks for British and Irish citizens with valid passports. These checks involve digitally validating the individual’s documents using technology to verify identity, thereby streamlining the process.

For non-digital checks, employers may use the Employer Checking Service to verify the work status of individuals whose applications are pending with the Home Office.

Section D: Common Issues in Right to Work Compliance

Despite the guidelines, Right to Work checks can present challenges for both employers and employees. Below are some common issues:

Issue	Resolution
Lost Documentation	Employers can use the Home Office’s Employer Checking Service to verify status.
Worker Loses Right to Work	Employers must terminate employment if the worker cannot regain their Right to Work.
Allegations of Non-Compliance	Employers should conduct an internal review, seek legal counsel, and implement corrective measures.
Changing Immigration Rules	Employers must stay updated on new regulations to ensure compliance.
Data Protection and Privacy	Ensure sensitive immigration data is handled in compliance with GDPR regulations.

Section E: Penalties for Non-Compliance

Employers who fail to conduct proper Right to Work checks face severe penalties. These may include:

• Civil fines: Up to £45,000 for the first offence per illegal worker, and £60,000 for subsequent breaches.
• Criminal charges: For employers found to knowingly hire illegal workers.
• Reputation damage: Legal issues can impact the business’s credibility and employee trust.

Section F: Summary

Understanding and complying with Right to Work regulations is essential for UK employers and workers. By conducting proper checks and maintaining accurate records, employers can protect themselves from legal consequences while contributing to a lawful workforce. Shams Britvisa Lawyers Ltd., located in Manchester, UK, specializes in immigration law and can provide expert guidance to businesses needing support in meeting these obligations.

Section G: FAQs about Right to Work

Question	Answer
What is the Right to Work?	It refers to the legal permission for individuals to work in the UK based on their immigration status or citizenship.
Who must prove the Right to Work?	All job applicants, regardless of nationality, must prove they are eligible to work in the UK.
Are Right to Work checks mandatory?	Yes, employers must conduct Right to Work checks for all new employees before employment begins.
What is a share code?	A share code is issued by the Home Office to verify an individual’s work status. Employers use this to confirm a person’s eligibility to work.
What documents can UK citizens use to prove the Right to Work?	A valid or expired British passport, or a UK birth certificate paired with proof of their National Insurance number.
What should employers do if a worker’s visa expires?	Employers must stop employing any individual who has lost their Right to Work until their status is resolved.

Get Expert Help from Shams Britvisa Lawyers Ltd.

At Shams Britvisa Lawyers Ltd., our Manchester-based immigration experts specialize in assisting businesses with  compliance issues, including Right to Work checks. For guidance on ensuring your business remains compliant, or to seek help with any immigration challenges, contact us at 0330 133 8557 or email info@shamsbvlawyers.com. You can also book a detailed consultation to receive tailored advice.