All potential employees require a verification of the right to work, no matter their nationality. As a UK employer, you have a legal obligation to comply with legislation to prevent illegal work. This requires you to carry out basic checks on all employees living in the UK to make sure they have the necessary permission to do the job offered to them. The Ministry of the Interior's online service allows checks to be done via video call.Employers don't need to view physical documents, as information about the right to work is provided in real time directly from the Ministry of the Interior's systems.
However, employers must ensure that the appearance, age, date of birth and names are consistent, as well as any possible work restrictions and the expiration date of the immigration permit. If the follow-up check reveals that, in fact, the application has been rejected and the worker has lost the right to work, then employers must take steps to prevent illegal employment, which would generally require the termination of the contract. Manual checks on the right to work can be delegated to members of the employer's staff (including workers assigned by the employer and working under its control), but employers will still be responsible for any civil penalty if it is found that the person is working illegally and that the prescribed control has not been carried out correctly.If an employee has a limited-time work permit in the UK, employers will need to re-check their right to work. The consequences of not controlling employees' right to work can not only be costly and damaging to an organization's professional reputation, but they can also disqualify a company from entering into public procurement contracts.
If, during the first 28 calendar days or during the six-month PVN period, it is demonstrated that their case has been resolved and they have been granted a residence permit, then employers must verify their right to work as usual in order to maintain their legal excuse. Currently, digital checks using IDSPs are only available for holders of valid British or Irish passports or Irish passport cards.Employees should also check if there are restrictions on what type of work they can do and confirm that they are authorized to do it. It is an employer's responsibility to check that a potential employee has permission to work in the UK. Human Resources should also carry out regular, timely checks on documents to ensure standards are maintained and any potential problems are identified.
From a reputation point of view, it is also important to carry out checks so that no one is employed who has no right to work in the UK.As part of a compliance check, scanned or digital copies of original documents related to the right to work could be checked using a live video link with the person concerned. Online checks can be done via video call and there is no need to view physical documents, as information is accessed directly from the Ministry of the Interior. Employers are required by law to carry out controls in accordance with right to work legislation in order to comply with their obligations and be able to invoke a legal excuse in case of alleged violations. In addition, checking when a follow-up check must be done with respect to employees with limited temporary permission to work in the UK may only be done by an employer.It is not uncommon for central human resources functions having developed a system that complies with legislation on right to work, but in practice controls over right to work carried out locally in branches or offices by managers and direct supervisors may not meet required requirements.
