Can you tell who has the right to work in the UK?

  • As an employer, you have a duty under the 2006 Act to carry out document checks on people.
  • You must ensure they have the right to work in the UK before you employ them.
  • Licence Bureau’s “Right to Work” Validation Service can tell you who has that right.

The law on preventing illegal working is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (known as the 2006 Act). The law is in place to:

  1. Make it harder for people with no right to work in the UK to unlawfully gain or keep employment.
  2. Make it easier for employers to ensure that they only employ people who are legally allowed to work for them.
  3. Strengthen the Government’s controls on tackling illegal working by making it easier to take action against employers who use illegal workers.

Features

  • Add your new employee via our Compliance Portal.  Or recheck someone who’s documents maybe due for renewal.
  • Simply submit your requests and images by scanning and submitting in easy steps.
  • We’ll make sure your documents are correct for the job the individual is applying for.
  • Results back to you within 24 hours.
  • Analyse your results any time by accessing the reporting portal.

Benefits

  • As an employer you have a duty under the 2006 Act to carry out document checks on people.
  • You must ensure they have the right to work in the UK before you employ them.
  • If you correctly carry out the document checks required of you, you will have a legal excuse, known as a statutory excuse, against payment of a fine.

What is the statutory excuse?

If you correctly carry out the document checks required of you, you will have a legal excuse, known as a statutory excuse, against payment of a fine.

To make sure you have an excuse here are some key points to action:

  • You will only have an excuse if You correctly carry out checks on acceptable documents before a person starts working and a record of the date on which a document check was carried out must be retained.
  • If a person has a restriction on the type of work they can do and, or, the amount of hours they can work, then you should make sure that you do not employ them in breach of these work conditions.
  • You will not have an excuse if you knowingly employ an illegal migrant worker, regardless of any document checks you carry out before or during a person’s employment.
  • You need to ensure that each document check record is fully maintained and can clearly evidence compliance to the changed rules.
  • For international students, you must hold evidence of academic term and vacation times for their duration of employment.
  • A partial right to work check will no longer be a mitigating factor when the Home Office calculates a civil penalty.

If you’d like discuss reducing the risks, costs and hassle of right to work checks please contact us today.

What will it cost to check your current Employees and Job Applicants?
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