Employers have a duty to prevent illegal working in the UK by carrying out document checks on people before employing them to make sure they are allowed to work.
It is primordial to firstly have a copy of all your employees’ current passports. Every time their passport expires or is renewed, you should request a copy of the new passport for your file after having sight of the original.
A code of practice sets out the factors that the Home Office takes into account in deciding illegal-working fines (also known as civil penalties) for those employing people who do not have the right to work in the UK. A liable person may face up to 5 years’ imprisonment and or an unlimited fine for criminal charges and up to £20,000 fines for civil liabilities.
Therefore, it is necessary for employers to make sure that they comply with the Home Office’s policy regarding illegal working.
After the publication of our article on the ‘New Online Right to Work Checking Service for employers’, the Home Office published a Right to Work Checklist which can be accessed via this link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/774286/Right_to_Work_Checklist.pdf
This checklist explains the types of documents that are acceptable for checking an employee’s right to work in the UK and how long the check is valid for.
Furthermore, the Home Office put in place a “quick answer tool” to check if a document allows someone to work in the UK.
You can access this tool via this link: https://www.gov.uk/legal-right-work-uk
It is vital for companies to assess if they have a proper Human Resources system. If you are confused about what to do or would like to make sure that you have adequate systems in place, please do not hesitate to contact our expert team of UK immigration lawyers at barar.london@bararassociates.co.uk or call us on 0207 487 8370.
