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Changes to Right to Work Checks
The Government has recently announced both a crackdown on illegal working and some changes to acceptable documentation for right-to-work checks.
First of all, because this has only very recently been announced, we were asked a question in our recent webinar - which you can listen to via this link - about these new requirements. We gave a perfectly logical, but incorrect answer.
This was regarding the validity of a "clipped" British or Irish passport. The Government has confirmed that these will no longer be acceptable as part of a valid right-to-work check. The reason given is that a passport is clipped to indicate it is no longer valid. That much is clear.
We were then asked whether an expired British or Irish passport was also invalid. Since it is not allowed as proof of a right to vote, we incorrectly assumed that the same would apply for right-to-work checks. This was incorrect.
The Government guidance now clearly states that an expired British or Irish passport can still be used as proof of identity for these purposes, as the document is considered valid but expired.
At the same time, the Government has emphasised that both short and long form birth certificates remain acceptable as proof of the right to work, provided they are accompanied by proof of the person’s name and proof of their National Insurance number - either from a Government communication or a previous employer.
Government’s Approach to Illegal Working
In a separate move, the Government is keen to demonstrate that it is getting tough on illegal working as part of its drive to reduce illegal immigration. As a result, raids on premises increased by nearly 50% this January compared to last year, arrests rose by 73% to 609, and over 1,000 penalty notices were issued to employers.
If this campaign continues, it is more important than ever to ensure that those working for you have a legal right to work in the UK - especially as the penalties for getting this wrong can be up to £20,000 per employee. That could be quite painful.
The guidance provided in this article is just that - guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice