The following Immigration guidance note Produced in partnership with Duncan Bain of Penningtons Manches provides comprehensive and up to date legal information covering:
This Practice Note looks at why employers need to carry out ‘right to work’ checks and when such checks should be made.
A correctly conducted right to work check can provide an employer with a statutory excuse against a civil penalty for employing a person illegally, should it be that the employee in question does not have, or loses, the right to work at some point during the employment. To obtain the excuse, the employer must show that it has taken particular steps during the right to work check. Obtaining relevant documentation is not sufficient in itself.
For guidance on the civil penalty regime see Practice Note: Illegal workers—civil and criminal sanctions.
It is implicit in this scheme that a right to work check will not in itself prevent all instances of illegal working. A person’s immigration status is dynamic and the right to work may be lost after a check has been made, or else the documents that are checked may already not reflect the true position or may be good forgeries.
Employers in general do not break the law if they fail to carry out a check on a particular person; they simply carry the full risk of the civil penalty if the person is identified as working illegally. However
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234