‌The College has a legal obligation to:

  • ensure that all prospective employees and casual workers have the right to work in the UK before they commence employment.
  • undertake follow up checks using the Follow up right to work check process [PDF], as specified for staff who joined on or after 29 February 2008 who have time limited leave to enter or remain in the UK
  • undertake the appropriate document checks for employees acquired following a TUPE transfer within 60 days

Please note that failure to carry out checks may result in a civil penalty and that recruiters are personally liable.

For Right to work checks undertaken from 30 March 2020 onwards that have been affected by Covid-19 (Coronavirus) please refer to the College current guidance on RTW checks on the HR Policy changes in response to Covid-19 guidance (available for College employees/managers with via usual login details).

There are 3 basic steps to completing a Right to Work check, these are set out below.

Please note that when conducting a right to work check, you must complete the Right to Work Checklist [Word] which you will then need to forward to HR with the RTW evidence scans.

The 3 step process

Step 1 - Obtain

Obtain original versions of one or more acceptable documents

  • You should do this by asking all prospective employees and casual workers to bring along to interview an original document or combination of documents from List A/B:
    • List A (documents which confirm a permanent right to work); or
    • List B Group 1 (documents where time-limited permission lasts until the expiry date of leave); or
    • List B Group 2 (documents where time-limited permission lasts for 6 months); and
  • Where the individual is a student with time limited Tier 4 permission undertaking work, they must provide the additional documents specified under List B confirming their academic term and vacation dates for the duration of their course, or on an annual basis, and complete the Tier 4 student work form template. This requirement is in place in order to ensure that the College has on record details of when the student is able to work part-time or full-time.

Step 2 - Check

You must be sat­is­fied that the po­ten­tial em­ployee is the right­ful holder of the doc­u­ments, that they haven’t been tam­pered with and that they allow them to do the work of­fered.

All doc­u­ments sub­mit­ted should be orig­i­nals, and you need to check that:

  • pho­tographs in doc­u­ments are con­sis­tent with their ap­pear­ance;
  • dates of birth are con­sis­tent with their ap­pear­ance;
  • ex­piry dates of any lim­ited leave to enter or re­main in the UK haven’t passed;
  • UK Gov­ern­ment stamps or en­dorse­ments allow them to do the type of work;
  • sat­isfy yourself that the doc­u­ments are gen­uine and have not been tam­pered with and be­long to the holder;
  • if two doc­u­ments are pre­sented which have dif­fer­ent names, that they have a fur­ther doc­u­ment which ex­plains the rea­son for this e.g. marriage cer­tifi­cate, di­vorce doc­u­ment, deed poll, adop­tion cer­tifi­cate or statu­tory de­c­la­ra­tion).

Step 3 - Copy

  • ‌ Make and retain a clear copy of each document, and:
  • In the case of passports, the following pages must be copied:
    • any page containing the holder’s personal details. In particular, you should copy any page that provides details of nationality, their photograph, date of birth, signature, date of expiry or biometric details; and
    • any page containing UK immigration endorsements showing that the holder has permission to be in the UK and has the right to carry out the work in question
  • Copy other documents in full; this includes both sides of a Biometric Residence Permit.
  • Ensure that any offer of employment is made subject to a satisfactory right to work check.
  • Forward a completed Right to Work Checklist [Word] attached to the copies of the successful candidate’s documentation (saved as hard copy, or PDF) to your HR team along with the contract request, or Payroll along with the casual worker joining form.
  • Contact your HR team for further advice if you are concerned about the authenticity of a candidate's documentation