The Right to Work in the UK | Cummins Mellor Recruitment

The Right to Work in the UK

Did you know? : The maximum civil penalty for employing an illegal worker has been increased to up to £20,000 per illegal worker.

Undertaking checks that an individual has the right to work in the UK is mandatory, and provides employers with a defence to any penalties if it transpires the worker is in fact illegal.

Employers must request, and an individual must provide, specified ORIGINAL documents to establish eligibility to work in the UK.

The documents required depend on whether the individual is subject to immigration control. From 16 May 2014, it is compulsory for employers to keep a record of the date on which a check was conducted. If no date for the check is recorded, it cannot be used to establish a defence.

List A: contains the range of documents which may be accepted for checking purposes for a person who has permanent right to work in the UK.

 

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List B:
contains the range of documents which may be accepted for checking purposes for a person who has a temporary right to work in the UK.

listb

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If you conduct the above right to work checks, you will establish a statutory excuse as follows:

LIST A – your statutory excuse will be for the whole duration of your employee’s employment because there are no restrictions on their permission to be in the UK.

LIST B – your statutory excuse will be limited because your employee has restrictions on their permission to be in the UK and do the work in question. You should be aware of any expiry dates and ensure your employee has proof of any application to extend their leave to remain in the UK.