DBS Checks & Criminal Record Checks

Care Check is a leading umbrella body for the Disclosure and Barring Service and has been named one of the top 8 providers for criminal record checks in the UK.

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DBS Checks For Recruitment Agencies

What Are Right to Work Checks?

A right to work check is a crucial step in the hiring process that employers use to confirm an individual’s legal authorisation to work in the UK. This verification involves assessing an individual’s identity and immigration status to ensure compliance with UK employment laws. 

At Care Check we offer Digital Right To Work Checks, offering a quick and easy way for your company to remain compliant during the hiring process.

Are Right to Work Checks Mandatory?

Yes, right to work checks are mandatory in the UK. Employers must conduct these checks to prevent illegal working and to ensure compliance with immigration laws. The government provides detailed protocols that employers must follow to document and maintain records of these checks.

Penalties for Non-Compliance

There are severe penalties for businesses that fail to comply with right to work regulations. Consequences of non-compliance include:

  • Criminal prosecution
  • Fines up to £20,000 per breach
  • County Court Judgments
  • Disqualification of company directors
  • Suspension or removal of a Sponsor Licence
  • Difficulties in obtaining credit
  • Negative press and reputational harm
  • Inclusion on the Home Office’s civil penalty offender list
  • Cessation of trading

Non-compliant right to work checks can lead to significant legal and financial repercussions for businesses. It is essential to adhere to the latest government legislation to avoid these severe penalties.

Duration of Right to Work Checks

The time required to complete a right to work check varies based on individual circumstances, typically ranging from one to four weeks.  With this in mind, many employers choose to work with a third party service provider such as Care Check to help manage their Digital Right To Work Checks.

DBS Checks & Criminal Record Checks

Who Needs a Right to Work Check?

All prospective employees in the UK must undergo a right to work check before receiving an employment offer. This process ensures that the individual is legally permitted to work in the country. Delaying this check until onboarding is too late; it must be completed during the recruitment phase.

Right to work checks apply to all job candidates, regardless of nationality, race, or ethnicity, making it a universal requirement in the pre-employment process. Ensuring these checks are completed accurately and promptly is vital for legal compliance and smooth hiring operations.  

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.

Ensuring Compliance

To ensure compliance, employers must implement thorough right to work check procedures during the recruitment process. This includes:

  • Verifying the validity of documents
  • Conducting checks before employment commences
  • Performing regular re-checks when necessary

These steps help confirm that job applicants have the legal right to work in the UK, protecting the employer from potential sanctions.

Penalties for Non-Compliance

There are severe penalties for businesses that fail to comply with right to work regulations. Consequences of non-compliance include:

  • Criminal prosecution
  • Fines up to £20,000 per breach
  • County Court Judgments
  • Disqualification of company directors
  • Suspension or removal of a Sponsor Licence
  • Difficulties in obtaining credit
  • Negative press and reputational harm
  • Inclusion on the Home Office’s civil penalty offender list
  • Cessation of trading

Non-compliant right to work checks can lead to significant legal and financial repercussions for businesses. It is essential to adhere to the latest government legislation to avoid these severe penalties.

Methods of Conducting Right to Work Checks

Employers can use several methods to verify an employee’s right to work:

  • Manual right to work checks: Physically inspecting original documents provided by the individual.
  • Digital right to work checks: Using certified digital verification services.
  • Online right to work checks: Utilising the UK government’s online checking service.
  • Employer Checking Service: For cases where the employee has an outstanding application or appeal with the Home Office.

At Care Check we offer Digital Right To Work Checks for employers, using an IDSP (Identity Service Providers), meaning you can authenticate an applicant’s Right To Work quickly, reliably and easily.

Is A Right To Work Check The Same As A DBS Check?

A Right To Work Check 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.

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