Right to Work legislation is an attempt by the Government to make it harder for illegal migrants to work in the UK. The new law now puts you, the employer, on the front line of tighter immigration controls.
As regulation enforcement by the Home Office continues to rise, the financial and reputational damage risks for non-compliance can be severe and considerably hard to bounce back from.
Carrying out a right to work check correctly is critical, as it will provide you with a ‘statutory excuse’ against prosecution if ever caught employing an illegal worker.
However, when immigration legislation is vague or difficult to interpret, how can you be certain that you are preforming a ‘correct’ right to work check?
Here at Contego, we advise all our clients to follow the three-basic steps, as laid out by latest Home Office guidelines, when doing a check. These are to obtain, check, and copy.
- Obtain the individual’s original document(s)
Acceptable documents can be found in the Home Office’s guidance on Right to Work checks, which is constantly updated, so make sure you are looking at latest version.
- Check the document(s) in the presence of the individual
You must physically hold the documents. Make sure the person in front of you is the same person pictured and described in the document.
- Make and retain a clear copy of the document(s), including a record of the date you carried out the check
You can save the documents electronically or in hard copy. You must also keep a record of the date in which you performed the check, and have systems in place to monitor such things as working visa expiry dates. Copies should be kept for two years after the individual’s employment ends.
Whilst ‘Right to Work’ checks are an essential part of the employee onboarding process, it can often be seen as an inconvenient piece of administration. Many organisations rely on time-consuming, costly and manual processes such as photocopying ID documents to try and adhere to legislation.
Here at Contego, our ‘Right to Work’ solution can quickly authenticate identity documents in real-time, ensuring you make crucial data-driven decisions, instantly, about who you employ. Our system automates the process, removing the need for manual input and reducing the risk of errors.
Our Right to Work solution not only validates documentation, ensuring that documents are valid and in-date, but captures information such as restrictions on the individual. For example, students travelling to the UK are restricted by where they can and cannot work.
By automating and speeding up the Right to Work process, the Contego solution heightens efficiency within HR departments, reduces costs and helps ensure compliance.
In the latest video, Scott Pettifer, Contego’s Chief Commercial Officer, discusses Right to Work compliance, and how Contego can assist with getting it ‘right’.
If you want to ensure you are doing the maximum possible today to reduce your risk, automate Right to Work checks and keep the regulators at bay, get in touch by calling +44 (0) 1235 375 000 or visit the Contego website to find out more and book an online demo.