Right to Work in the UK
Employers in the UK must verify that all new hires have the legal right to work before employment begins.
To comply with immigration laws, job offers should be made conditional upon the candidate providing valid right-to-work documentation.
It is a criminal offence to employ someone who does not have the right to work in the UK if the employer knows or has reasonable cause to believe that the individual is disqualified due to their immigration status.
Breaching this requirement can result in significant fines and reputational damage.
Employers should request documentation from all candidates, not just those perceived to be at risk.
This helps prevent racial discrimination claims and ensures consistent compliance with immigration checks.
Employers should communicate clearly with candidates about the requirement.
HR should issue a standard letter outlining:
- The organisation’s approach to right-to-work checks.
- What documents are required.
- When and how the documents should be submitted.
Documents should be requested either during the interview stage, after the conditional offer, or before the start date.
Alternatively, ask the new hire to bring the documents to the office before their first working day, allowing time for verification.