Q&As

Where work is provided by someone who is not an employee, for example is self-employed or working under a contract for services, does the organisation contracting the work from them still have an obligation to carry out right to work checks?

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Published on LexisPSL on 03/10/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where work is provided by someone who is not an employee, for example is self-employed or working under a contract for services, does the organisation contracting the work from them still have an obligation to carry out right to work checks?

Where work is provided by someone who is not an employee, for example is self-employed or working under a contract for services, does the organisation contracting the work from them still have an obligation to carry out right to work checks?

The obligation to carry out a right to work check only applies to employers. Therefore, if a person is an employee, then the obligation arises and the checks must be carried out in order for an employer to obtain a statutory excuse protecting them from a civil penalty for employing a person working illegally. For further guidance, see Practice Note: Right to work checks: when and why.

However, the obligation does not arise if a person is not an

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