Right to Work Check 👇

🏢 1. What It Means A 'Right to Work Check' is a mandatory legal process that all UK employers must follow for every person they intend to hire. Before the first day of employment, the employer must verify that the individual has the legal permission to work in the UK.

This legal obligation applies to all potential employees, regardless of their nationality or assumed immigration status, including British and Irish citizens.

📜 2. Why It's Crucial Conducting these checks correctly is critically important for two main reasons:

• To Establish a Statutory Excuse: A correctly performed and recorded check provides the employer with a "statutory excuse." This acts as a legal defence against a civil penalty (a substantial fine) if the employee is later discovered to be working illegally. Without a correct check, there is no defence.
• To Comply with Sponsor Duties: For businesses that hold a Sponsor Licence, carrying out proper right-to-work checks is a fundamental sponsorship duty. Failure to do so can lead to Home Office compliance action, including the suspension or revocation of their licence.
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🔑 3. How to Conduct a Correct Check There are specific, prescribed methods for conducting a check, and employers must follow one of them precisely. The primary methods are:

• Manual Document Check: The employer must obtain the individual's original, valid identity documents (as specified in the Home Office's official list), check their authenticity in the presence of the holder, and securely keep a clear, dated copy.
• Home Office Online Service: For individuals with a digital immigration status (e.g., a Biometric Residence Permit or status under the EU Settlement Scheme), the employer must use a 'share code' provided by the person to view their right to work online and save evidence of the check.
• Identity Service Provider (IDSP) Check: Employers can use a certified third-party Identity Service Provider to complete digital right-to-work checks for British and Irish citizens who hold a valid passport.