Statutory Right to Work Checks

Quiz: Statutory Right to Work Checks

On November 29, 2021 | In General | By A Y & J Solicitors

Whilst you may be 100% confident that your employees have the Right to work in the UK, why not test your knowledge and understanding of how to check someone’s Right to work, in line with statutory requirements? 

Can you answer ALL these questions correctly? 

   1. You want to offer someone a job (who is not a current employee), and they tell you that they have made an application and are awaiting a decision. What do you do?

  1. Ask them to provide evidence of their application, that’s enough proof
  2. Tell them it is illegal to employ them without a valid visa and reject them
  3. Hire them and ask them to provide their visa as soon as they can
  4. Contact their lawyer and ask for evidence of their application
  5. None of the above

 

   2. How have you checked that every employee has the right to work in the UK?

  1. They told me so – every single one of them
  2. They emailed a copy of their passport/visa, that’s all we need
  3. We know them personally, so don’t need to ask
  4. There’s no reason to believe they DON’T have the right to work (plus I’m afraid of offending them by requesting Right to work documents!)
  5. None of the above

 

   3. What happens if an employee turns up for work without the correct document to show their employment status?

 

  1. I report them to the Home Office
  2. I ask them to bring the document tomorrow
  3. I ask them to bring the document as soon as they can
  4. I grill them with questions about “life in the UK” to prove they are British
  5. None of the above

 

   4. How much can you be fined by the Home Office (in total) if found to be employing illegal workers?

  1. £20
  2. $2,000
  3. £20,000
  4. £0 (there is no penalty for employing people illegally!)
  5. None of the above

 

   5. Which is the correct gov.uk website link to refer to for guidance on Right to work checks in 2021 

  1. GOV.UK: Right to Work Checklist
  2. GOV.UK: Right to Work Checks: An employer’s guide
  3. GOV.UK: Coronavirus (COVID-19): right to work checks
  4. GOV.UK: Right to work checks: employer guidance
  5. All of the above

Answers

  1.   ANS: E
  2.   ANS: E
  3.   ANS: E
  4.   ANS: E
  5.   ANS: E

How did you do on this quiz?

(Was it Easy?)

 Statutory Right to work checks are good practice for any and all UK employers, and the statutory procedures should be followed by UK employers who wish to protect themselves from a possible hefty penalty, in case they’re discovered to have employed someone who does not have (or has lost) their legal Right to work in the UK. 

Regardless of the actual immigration status of their workforce, registered Sponsors (sponsors of worker visas) need to make statutory Right to work checks if they plan to keep their sponsor licence, so they cannot ignore the guidance. 

Any licenced Sponsor that fails to make statutory Right to work checks on their employees, risks having their licence suspended, if the Home Office discovers this – failure to make statutory Right to work checks is considered a breach of sponsor duties, and is a ground for suspension (even if the sponsor is not actually employing anyone illegally in the UK).

Contact us for support.

On a more serious note, we understand that detail is everything… but we also appreciate that implementing and following all the relevant Home Office guidance can be hard to do alone, especially when you are a busy employer.

 If you are planning to apply for a sponsor licence, we can help you prepare and get ready for the business of sponsorship, including knowing your compliance duties.

 For existing sponsors, we can complete an audit to check your records are ready for a Home Office inspection and give you peace of mind that you will not fall foul of the rules if you do have a compliance visit from the Home Office. 

 Finally… Just in case you needed the answers:

  1. ANS: E. If someone approaches you for a job that has a pending in-time application, you can make an employer checking service check to make a statutory right to work check and don’t need to reject them outright. You must receive a Positive Verification Notice (evidence of right to work) to proceed with employment and must do a “follow up” or repeat check on their status.
  2. ANS: E You cannot accept a “reasonable” alternative – only right to work documents as listed in the guidance are acceptable for HR compliance purposes. It is not discrimination to ask for an employee’s Right to work document, but you should ask all employees on an equal basis, not just those you suspect might not have legal status in the UK.
  3. ANS: E Unfortunately, you should send someone home who has not presented the correct Right to work document by their first day – they should not start work until they have provided the correct evidence for your HR records
  4. ANS: E You can be fined £20,000 per-illegal-worker!

5. ANS: E All the above guidance documents are relevant and helpful for maintaining compliance with preventing illegal working regulations – read and implement!

A Y & J Solicitors

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