Recruitment laws & right to work checks

Under the Immigration, Asylum and Nationality Act 2006, employers must carry out prescribed right to work checks on all new recruits. This is because employers have a responsibility to prevent illegal working by ensuring that anyone employed by them is not prohibited from undertaking work in the UK, or from doing the work on offer, by reason of their immigration status. However, so as not to discriminate, employers must conduct these checks on all their new-starters, regardless of race, ethnicity or nationality.

You can check a new starter’s right to work in one of three ways: by using the services of an Identity Service Provider (IDSP), by using the online Right to Work Employer Checking Service or by conducting a manual document check. The way in which you conduct a right to work check will depend on your new-starter’s nationality and the way in which their immigration status is held. For example, IDSPs can only be used to digitally verify the identity of British or Irish nationals, whilst an online check will be suitable for migrant workers whose immigration status is held in digit format, such as those with eVisas. Importantly, if you are employing migrant workers, you may first need a Home Office approved sponsor licence.

If you are found to be employing an illegal worker and have failed to carry out a right to work check, you could be liable to a civil penalty of as much as £20,000 for each illegal worker. You could also be prosecuted if you employ someone when you know or have reasonable cause to believe that they are not allowed to work in the UK or do the work on offer. This offence is punishable by up to 5 years’ imprisonment and/or an unlimited fine.