How to undertake the check
This section provides information on what needs to be done to undertake the right to work check and the consequences of not doing them.
When undertaking a right to work check, you must complete the following procedure:
- The document must be checked with the employee present.
- A clear copy must be taken and retained.
- The copy can be either on paper or electronically, but it must be filed where it can be retrieved quickly in the event that UKVI request to see it.
- If there is an expiry date on the visa, check that the date is in the future.
Following this process is known as establishing the ‘statutory excuse’.
You will not have a statutory excuse if:
• you cannot provide evidence of having conducted the prescribed document checks before the employment commenced;
• you have accepted a document which clearly does not belong to the holder, i.e. it is reasonably apparent that the document does not belong to the person presenting it or it is false);
• you have accepted a document which clearly shows that the person does not have permission to work in the UK and/or to carry out the type of work you are offering (you have employed/will be employing a person with either no right to work or a person in breach of their work).
• the visa showing your employee’s work entitlement or Biometric Residence Permit has expired;
• you know you are employing a person who is not allowed to undertake the work regardless of whether you have carried out any document checks
If you have any queries about the documents you are checking please contact your local HR team.
Right to work checklist
The University has a checklist, which incorporates the UKVI Lists of acceptable documents. This is used when undertaking a right to work check to confirm receipt of the documents and that the check has been carried out.
Suspected False Documents
If you have any doubts about whether the document is genuine undertake the check as usual without raising a concern with the individual. Then talk about your concerns with your College/Support HR team who will be able to advise a way forward. It may be a case of requesting additional documentation, but if the individual cannot supply any documentation with which the University is satisfied they cannot be employed.
Further information on carrying out a check can be found at the UKVI website along with examples of documentation.
The UKVIs ‘An employer’s guide to acceptable right to work documents’ gives examples of documents that can be accepted:
Examples of European Documents can be found at:
Consequences of not doing the check
The University has a legal responsibility to carry out the check under UK legislation. Failure to do this can result in:
- On-the-spot fines of up to £20,000 for each illegal worker employed.
- A two or five year prison sentence, depending on the circumstances.
- Downgrading the University's sponsor license, resulting in the University being unable to sponsor any more workers, and potentially unable to recruit international students or
- Withdrawal of the sponsor licence, which would lead to all sponsored individuals having to leave the University.
Training on undertaking right to work checks
The UKVI have guidance on examining and identifying documents:
The University also offers training to employees who are required to undertake right to work checks. If you are interested in attending the internal training please contact your College/Support Group HR.