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Do you know how Right To Work checks effect your business?
Did you know that all Employers in the UK are responsible for carrying out Right To Work (RTW) checks before taking on any employee to make sure the individual is legally allowed to work in the UK?
Employers could be liable for up to £20,000 per illegal worker so it is imperative that a suitable RTW check is carried out on all of your employees irrespective of their ethnic background or nationality.
The Right to Work check involves the checking of a number of ‘acceptable’ documents, the combination of which depend on the employee but can include:
- Passport (with Valid Visa if required)
- National Identity Card
- Full Birth Certificate
- Certificate of Naturalisation
- Biometric Residence Permit
Right to Work Check Process
The process for checking an employee’s RTW is as follows:
Original versions of one or more acceptable documents must be obtained from the employee or prospective employee. Acceptable documents are separated into 2 different lists (List A and List B) depending on whether the employee has a permanent or temporary right to work in the UK.
The documents validity must be checked in the presence of the holder. Documents must appear to be genuine and belong to the employee or prospective employee.
Copies of documents must made that are clear and retained in a format that cannot be manually altered. These must be store securely whether electronically or in hardcopy format. You will also need to record the date the check was made.
In some situations you may be required to carry out follow up Right to Work checks
Recording Right to Work details using People Inc.
The Right to Work screen within People Inc. is where we can record what RTW checks have taken place for each employee.
Right To Work Document List
Records can be created to show each different document that has been checked using the Governments List A and List B of acceptable documents.
Right To Work Screen with acceptable documents list selection
Each record supports a series of checks for each document and details of the Type of Excuse is provided depending on the checks carried out as shown below:
Right To Work Screen
Documents can also be attached to the employee record ensuring they are retained securely yet are easy to locate.
Expiry dates are automatically defined where required and reminders can be sent to HR to ensure checks are kept up to date and reports can be produced to analyse and track employees RTW status.
A full list of acceptable documents as well as detailed instructions on how to check their validity can be found in the Governments “An Employers guide to Right to Work Checks” that can be downloaded here
There is also an Employers Right to Work Checklist available on the .gov website that can be downloaded here