Right To Work Checks
Digital Right To Work Checks can automatically verify an applicant’s rights and permissions to work within the UK legally.
What are Right To Work Checks?
Right To Work checking is the process of reviewing a document which is acceptable for showing a person’s permission to work in the UK. A Right To Work check can be in the traditional sense (i.e. manually and in a face to face setting) or it can be done digitally via a Right To Work Check service partner such as ourselves.
It is compulsory to carry out a Right To Work Check before you employ a person, to ensure that they are legally permitted to carry out the work in question for you. It should also be noted that if the applicant is on a time-limited work visa, it is your duty as the employer to conduct a follow-up check on the applicant in the future to ensure that their work visa has been extended appropriately or another course of action has been taken by your employee to be legally permitted to work.
Which Employees Need A Right To Work Check?
Digital Right To Work Checks are a statutory requirement for all potential employees regardless of what industry you are asking the applicant to work in, the length of duties you are asking them to fulfil and the seniority of the position. It’s a common misconception that you only need to perform a Right to Work Check for non UK applicants, however you must check an applicants right to work even when they are a UK Citizen. To ensure that you are compliant with the UK employment law, and leave no room for suggestions of discrimination within the recruitment and pre-employment screening process, you should ensure that a Right To Work Check takes place at the same point within your recruitment activity.
What Documents Can Be Used To Prove Right To Work?
The documents required to validate an applicant’s right to work can vary based on their immigration status. For example, if your applicant is a British or Irish Citizen, the provision of a valid in date passport may be all that is required. However, if your applicant has Indefinite Leave To Remain, the provision of a valid passport will need to be accompanied by a ‘Share Code’ that is generated online via the Government website.
What Do Right To Work Checks Cost?
Digital Right To Work Checks via Care Check carry a flat rate of £3.21 per check, exclusive of VAT. Unlike our DBS Checks, we don’t work on thresholds, so whether you’re submitting 1 Digital Right To Work Check or a 1,000, the price remains the same, with a competitive rate ensuring all of our clients can take advantage of this new, up-to-date, streamlined and time-saving process.
Frequently Asked Questions
Digital Right To Work Checks are a compulsory requirement for any employer who is looking to recruit an applicant for a role. The compulsory nature of this check is indiscriminate of the applicant, the role, the duration of employment or seniority of employment. However it does not replace a DBS Check. A DBS Check may still be required depending on the type of role and responsibilities of the role that you are asking the applicant to fulfil. Learn more about what roles require DBS Checks here.
It is your duty as the employer to verify that your applicant and all of your employees have the Right To Work as part of your requirement to prevent illegal working in the UK. If an employer recruits someone, or continues to employ someone who fails to successfully complete a Right To Work Check, the business may be liable for a civil penalty of up to £20,000; which can be enforced by the UK Government
A combination of COVID, technological advances and a change in business working practices has meant that more employees are working remotely now compared to just 24 months ago; and remote working is only set to increase and become more common. This remote way of working has made face-to-face Right To Work Checks more difficult to carry out. Since 6th April 2022, businesses have been able to carry out Right To Work Checks digitally via IDSP (Identity Service Providers) who can authenticate an applicants Right To Work quickly, reliably and easily.