Right to work checks
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.
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.
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