Right to Work in UK Guidance

RIGHT TO WORK IN THE UK

The Home Office Immigration Enforcement Authority are the lead department on engagement of business, including hospitality and licensed trade organisations. They have worked in partnership inter alia, the following hospitality organisations; UK Hospitality, BII, Institute of Licensing, National Pubwatch and National Best Bar None.

They defined illegal working as “Work that is undertaken by an individual who doesn’t have lawful immigration status in the UK and have immigration conditions of leave to stay, that prevent them from carrying out the work they are doing.”

Since mid-December 2022, immigration enforcement action has included: 362 arrests – in this timeframe, 92 illegal working civil penalties were also issued with a value of £1.5 million. 1,930 police enquiries referred to Immigration Enforcement teams of foreign nationals they arrest for further investigation

A person only has the right to work in the UK if they have valid immigration status. All employers in the UK have a legal responsibility to prevent illegal working by carrying out right to work checks before employing any individual. Please note this includes offering a ‘trial shift’, induction or work experience.

THREE TYPES OF RIGHT TO WORK CHECKS

· Manual – Checking the person’s physical documentation (All individuals)

· Identity Document Verification Technology (IDVT) via an Identity Services Provider (British & Irish)

· A Home Office online right to work check (Non British/Non-Irish)

KEEP RECORDS

Employers must carry out and keep records of all relevant checks in order to prevent illegal working and provide them with a ‘Statutory Excuse’ to prevent prosecution should a breach occur. For the manual check. There is a list of acceptable identity documents provided by the Home Office and if a document is not listed, it’s not acceptable.

IMPACT OF ILLEGAL WORKERS

The reason for the legislation and heavy penalties was explained due to the significant impact illegal working has on both business and the individual.

· Allowing this practice would encourage illegal migration

· It puts illegal workers at risk of exploitation and working in unsafe conditions. They may not have the relevant qualifications and experience required to safely carry out the work.

· It evades taxation.

Immigration Enforcement’s Checking and Advice Service offer low-cost training in Introduction to Immigration, Right to Work and Document Fraud. For more information on this training, you can contact IE-CAS@homeoffice.gov.uk

Home Office Right To Work Checks Guidance download available on this website-See Free Resources tab,