Do self-employed individuals need to go through a right to work check? The answer is no, you are not obligated to monitor the right to work of self-employed workers. However, you may choose to do so in order to avoid any potential negative publicity that could arise from their identification as illegal workers. This includes contractors who work under a service contract. Self-employed workers are not paid through PAYE and do not have the same rights and responsibilities as an employee. It is the responsibility of the worker to inform HM Revenue and Customs (HMRC) if they believe they have switched to self-employment.
This guide explains what employers should do in order to prevent illegal work in the UK, including checking people's right to work before hiring them. Once a person has successfully applied for a new visa, a new verification of the right to work must be carried out. To check if someone is employed or self-employed for tax purposes, use the HMRC Check Employment Status for Tax tool. This tool can be used to determine whether a worker should be classified as an employee or self-employed person. If an employer knowingly hires someone who has no right to work in the UK, the individual employer could face up to five years in jail (while the illegal worker would face six months). It is therefore advisable for employers to verify the right to work of contractors and self-employed individuals in order to avoid any type of negative publicity that could result from their status as illegal workers and any interruption in operations if those illegal workers are expelled from the company. Unfortunately, there will be times when a person cannot access the online right to work verification system to produce a shared code.
In such cases, both individuals and their employers may have to pay unpaid taxes and fines or lose the right to benefits if their employment situation is incorrect. If someone is self-employed, they don't have the rights and responsibilities of an employee or the rights and responsibilities of a worker. If an application is submitted on time, however, the person will be able to continue working for the University, subject to the terms of their expired visa.
