Employment Law A-Z Immigration and the Right to Work

One requirement for an employer to check the right of an individual to work in the UK. Failing to comply with these rules could leave an employer vulnerable to a range of sanctions including exposure to a large fine or criminal prosecution.

Right to work checks can be carried out as follows:

1. A manual check of the permitted right to work documents https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version#manual-check
2. An online check with UKVI  (generally this can only be used for those on time limited rights to remain in the UK who have been given a share code by UKVI)
3. Through the use of a certified IDSP -  only the following documents can be accepted through this route – valid British Passports, valid Irish passports, and valid Irish passport cards

If an individual does not have the right to work in the UK, you should not employ them. In this situation, you could consider sponsorship of the individual under a skilled worker visa, but their employment should only commence (or re-commence) once the visa has been granted. If you require any further information or guidance in relation to the sponsorship process, please do get in touch.