It’s illegal for an employer to hire someone if they do not have the Right to Work in the UK
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Under the prevention of illegal working legislation, it is unlawful for an employer to hire someone if they do not have the Right to Work in the UK or if they are breaching the terms of their stay by continuing to work in the UK without an eVisa.
Right to work checks are essential in helping companies ensure they do not unlawfully employ individuals who lack permission to work in the country. These checks include verifying if a person is a permanent national, such as a British or Irish citizen and identifying valid work visa for migrant workers.
The Immigration, Asylum and Nationality Act 2006 stipulates that employers are legally obligated to verify the immigration status of all employees before they start work.
The penalties for employing someone who does not have the right to work increased in February 2024: civil fines for non-compliance can be up to £45,000 per illegal worker for first time offence, and up to £60,000 per illegal worker for repeat offences.
On top of fines, employers can face reputational damage, loss of sponsor licence, and even criminal prosecution for repeated offences.
Establishing a statutory excuse can safeguard your company from civil fines if an illegal worker is found on your payroll.
We know the risks, regulations, and real-world challenges you face. That’s why we deliver not only compliant employment screening, but also practical support, fast turnaround, and clear communication every step.
The penalties for employing someone who does not have the right to work increased in February 2024 and and civil fines for non-compliance can be up to £45,000 per illegal worker for first time offence and up to £60,000 per illegal worker for repeat offence. On top of fines, employers can face reputational damage, loss of sponsor licence, and even criminal prosecution for repeated breaches.
Establishing a statutory excuse can safeguard your company from civil penalty if an illegal worker is found on your payroll.
In order to establish a statutory excuse a right to work check must have been undertaken using either a digital Right To Work Check or a Manual Right To Work Check.
At National Screening Agency we partner with OneID a certified IDSP to provide Digital Identity Verification, and the data we capture through our audit trail and final report will provide your statutory excuse.
A digital check using Identity Document Validation Technology (IDVT) via a certified Identity Service Provider (IDSP).
Let us take care of this for you with automated document verification and a comprehensive audit trail
A manual check of the candidates documents where you must ensure you obtain, verify, and securely copy original documents and compare the documents with the candidates likeness in person. The onus here is heavily on you, the employer, to ensure compliance and maintain your own audit trail and documentation.
For foreign nationals, a Right To Work check needs to be made online through the Home Office’s digital right to work service for non-British/Irish nationals.
This is done by the the applicant providing the employer with a share code to access the Home Office’s service.
