Right to work checks for employers are an important part of recruiting new people into a business. Before someone starts work, employers need to establish that they have the legal right to carry out the role they are being hired for and keep an appropriate record of that check.
For SMEs, the process can sometimes feel more complicated than it needs to be, particularly as different employees may prove their right to work in different ways. Having a consistent pre employment checking process can make things much easier, helping managers understand what needs to happen, when checks should be completed, and what records need to be retained.
Below, we look at how right to work checks work, what employers may need to see, and why having a clear process is an important part of compliant recruitment.
What Are Right to Work Checks for Employers?
A right to work check is the process an employer uses to establish whether a prospective employee is legally permitted to work in the UK and whether there are any restrictions on the type of work they can undertake.
The way someone demonstrates their right to work will depend on their individual circumstances. Some people may provide acceptable original documents, while others may have a digital immigration status that can be checked online using a share code. There are also digital identity verification options available for certain British and Irish citizens.
The important point for employers is that simply asking someone whether they have permission to work is not enough. The relevant check needs to be completed correctly and an appropriate record kept as part of the recruitment process.
Why Right to Work Legislation Matters
Right to work legislation places responsibilities on employers to prevent illegal working. Carrying out the required checks before employment begins can provide employers with what is known as a statutory excuse, which may protect the business from a civil penalty if it later becomes apparent that an employee did not have permission to undertake the work.
Right to work checking also needs to be approached fairly. Employers should have a consistent process rather than making assumptions based on somebody’s nationality, appearance, name, accent, or other personal characteristics.
For SMEs, having one process that applies to all new starters can make this easier. It provides managers with a clear framework to follow while helping demonstrate that pre-employment checks are being applied consistently across the organisation.
When Should Employers Complete the Check?
The initial right to work check should normally take place before the employee starts work. This makes it an important part of the wider onboarding and pre employment checking process rather than something to complete retrospectively once a new starter is already in the business.
Timing can become particularly important where an employee only has a time-limited right to work. In those circumstances, further checks may be required at the appropriate time to confirm that they continue to have permission to work.
This means employers may need visibility not only of whether a check has happened, but also whether another check will be needed in the future. Recording relevant dates and keeping employee information organised can help prevent follow-up checks from being overlooked.
How to Check an Employee’s Right to Work Status
There are different ways an individual’s right to work status may be checked, depending on the evidence available.
An employer may carry out a manual check using acceptable original documents. When doing this, the documents need to relate to the person presenting them and the employer needs to complete the appropriate verification and record-keeping steps.
For employees whose immigration status can be checked digitally, the individual can provide a share code that allows the employer to view their right to work status through the online checking service. The information provided may also show whether there are restrictions on the type of work or hours the individual is permitted to undertake.
The exact process can therefore vary between new starters. Having a standard internal procedure can help ensure managers know which route applies and what information needs to be retained once the check is complete.
What Counts as Right to Work Proof?
Right to work proof can take different forms, which is why employers should avoid assuming that every applicant will provide the same documents.
For some British and Irish citizens, an eligible passport or other acceptable documentation may be used. For many people with an immigration status, evidence is increasingly provided digitally through an online right to work check rather than through physical immigration documents.
When a manual document check is appropriate, the employer needs to establish that the documents are genuine, relate to the individual presenting them, and demonstrate that the person is permitted to carry out the work being offered.
A clear copy should also be retained and the date of the check recorded. Where a digital check is completed, evidence of the result should similarly be kept with the employee’s records.
Keeping this information together makes it much easier to demonstrate what was checked and when, if the records ever need to be reviewed.
How a Right to Work Policy Supports Consistency
A right to work policy can give managers a straightforward process to follow whenever somebody joins the business. For SMEs where recruitment may be handled by several different people, this can be particularly valuable.
A policy might cover:
- when checks need to be completed
- who is responsible for completing them
- the different methods that may be used
- where evidence should be stored
- how follow-up dates are recorded
- how the process will be applied consistently to applicants
The policy can also sit alongside wider recruitment, equality, data protection, and onboarding procedures.
Having the process written down reduces reliance on individual managers remembering every stage and helps create greater consistency between different hires. It also means new managers have something clear to refer back to rather than developing their own approach.
As right to work requirements can change, the process itself should also be reviewed periodically so that internal documentation continues to reflect the requirements in place.
How Right to Work Checks Fit Into Pre Employment Checking
Right to work checks are just one part of the wider pre employment checking process. Depending on the role, employers may also be looking at employment references, qualifications, professional memberships, criminal record checks, or other information that is relevant to the position.
Bringing these checks into one structured recruitment process can make onboarding easier to manage. Rather than different documents sitting across inboxes, folders, and spreadsheets, employers can create a clear record of which checks have been completed and whether anything remains outstanding.
The same applies once somebody joins the organisation. Some information may need to be retained throughout employment, while other checks may need reviewing at a later date. Keeping accurate employee records makes it easier to see what has already been completed and what may require further action.
Our HRX software provides SMEs with a central employee record where important documentation and information can be stored in one place. This can help businesses create a more organised approach to onboarding, employee records, and wider people management processes rather than relying on disconnected spreadsheets and files.
Right to work checks are an important part of bringing new employees into a business, but they are much easier to manage when there is a clear and consistent process behind them. If you would like to see how we can help streamline employee records, onboarding, and day-to-day HR administration, book a demo today.
