Hiring employees without performing the correct checks or if the checks were not performed correctly can have serious consequences. Penalties for non-compliance can be imposed, with fines of up to 20,000 pounds sterling for each illegal worker. Employers must stay on the right side of immigration rules and failure to check employees' right to work documents can result in a hefty fine. However, there is a defense if you can show that you have performed certain document checks.
A centralized diary in which the expiry dates of employees' limited-duration visas and the entry dates before the expiry date are noted to remind employees that they must prove that they still have the right to work in the United Kingdom should avoid losing follow-up control. In the Baker v. Abellio London case, a Jamaican bus driver with the right to live and work in the United Kingdom did not submit to his employer all the correct documents showing that he had the right to work. All personnel involved in hiring and onboarding (not just human resource managers and line managers) must be trained to perform the checks correctly and coherently. If an employee is still waiting for the Home Office to process their application and this documentation was submitted before their previous license expired, companies may still be able to get a pass at the checking service.
While there are four key options for verifying an applicant's right to work, companies should regularly review which option is best for them. By properly verifying documents related to the right to work, employers should be able to rely on a legal defense against complaints of non-compliance, where they can demonstrate that they have taken consistent and compliant measures to ensure that they only hire people with permission to work in the United Kingdom. During a manual verification of the right to work, employers must obtain the original documents from one of two lists. Typically, these vendors will also carry out other relevant pre-hire checks, such as criminal checks and character reference checks. IDSP checks can charge up to 90 pounds sterling per check, depending on the IDSP and the number of checks required each year. Implementing best practices for processes related to the right to work means ensuring that systems comply with standards and are up to date.
However, people who are found to have been working illegally and their employers could still be subject to coercive measures. As a result, it's not unusual for an employee to have submitted an application for additional leave, but be waiting for their new visa when their current visa expires. As a UK employer, you have a legal obligation to comply with illegal work prevention legislation. If you use an online check and stock code, employers must see new employees face-to-face on their first day of work in order to confirm that they are who they say they are.
