Right to Work Checks
Checking that an employee has the right to work in the UK is a legal requirement. Getting it wrong carries significant financial penalties. We carry out digital right to work checks for all clients via YotiSign.
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The risk of getting it wrong
Employers who fail to carry out compliant right to work checks face civil penalties of up to £60,000 per illegal worker. In serious cases, criminal prosecution is possible. Ignorance is not a defence. If the check was not done correctly, the penalty applies.
The rules around what documents are acceptable, and how checks must be conducted, have changed significantly in recent years. A process that was correct in 2020 may not be compliant now.
How we handle it
We carry out right to work checks for all clients via YotiSign, our digital verification platform. This is a fully compliant, secure, and straightforward process. The employee receives a link, uploads the required documents, and we verify and retain the record on their Breathe HR file.
Right to work checks are included in our new employee offer pack service at £99 per employee, and are also covered as part of new client onboarding for existing team members. It is simple, quick, and removes the risk from you entirely.
Existing employees
If you have employees who joined without a formal right to work check being carried out, this is something to address now rather than later. We can run checks on your existing team as part of new client onboarding, so you start with a clean, documented position.
What is a right to work check?
A right to work check is a process that employers are legally required to carry out before employing someone, to confirm they have the legal right to work in the UK.
The check involves obtaining, checking, and retaining evidence of an individual's right to work. The documents you can accept, and the process for checking them, are set by the Home Office and change periodically. If you fail to carry out checks correctly, the defence against a civil penalty is removed, even if you did not know the employee had no right to work.
Penalties for employing someone without the right to work can reach £60,000 per worker.
Common Questions
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