Human Resources

Right to Work Document Check (updated January 2017)

As an employer, we have a duty to prevent illegal working. The Immigration, Asylum and Nationality Act 2006 says that employers should conduct document checks which show that your potential employee has the right to work in the UK and is permitted to do the type of work you are offering.

You are required to undertake the right to work check within a reasonable time period before the employment commences. 
You should not make assumptions about a person’s right to work in the UK or their immigration status on the basis of their colour, nationality, ethnic or national origins. The best way to ensure that you do not discriminate is to treat all job applicants fairly and make the same document checks.

You must obtain original documents, check validity and make clear copies to send to HR for retention BEFORE someone starts working for the University.  

We are required by the Home Office to have seen and copied the original documents as follows:

For British, EEA or Swiss applicants:

  • A passport or a national ID card

Please copy the personal details (biodata) page of the passport or both sides of the ID card.

For non-EEA applicants:

  •   A current passport endorsed with a current visa to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question,
  •   A current  Biometric Residence Permit (BRP) issued by the Home Office to the holder to show that the named person can currently stay in the UK and is allowed to do the work in question, OR;
  •   A current passport endorsed with a vignette or Immigration Officer’s stamp to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on the stay in the UK.

Please copy the personal details of the passport, any visa information, including stamps and both sides of the BRP.

Other documents may be acceptable. Please contact the HR Service Centre for advice or refer to the UKVI document Guide to Acceptable Right to Work Documents for detailed information. You may find it useful to use the Right to Work Document Checklist*. You must satisfy yourself that the documents are genuine and that the person presenting them is both the rightful holder and allowed to do the type of work you are offering.

Once you have copied the appropriate documents, you must either stamp or write on each page of the copy ‘This is to verify that this is a true copy of the original document’, then print your name, job title, department, sign and date (Stamps have been provided to all departments by HR).

Employment activities must not commence until at least one working day following the date of the document check. HR are unable to add anyone to the HR system without the correct evidence of the applicant’s right to work in the UK. Employees may not be paid for activities undertaken prior to the completed right to work check.

Please note that failure to carry out these checks renders the University liable for a civil penalty of up to £20,000 per breach

Sanctions for non-compliance

Any member of core staff found not to be adhering to their responsibilities under the UKVI Sponsor Licence policy guidelines will be subject to disciplinary action through the University's formal procedure.

Any member of casual staff found not to be adhering to their responsibilities under the UKVI Sponsor Licence policy guidelines will have the offer of paid employment withdrawn.

Examples of non-compliance with University procedure may include:

  • Offering or allowing work prior to the Right to Work document check being completed
  • Working or allowing work in excess of the employee’s visa conditions
  • Allowing work outside of the contract dates

Please refer to the Employing Tier 4 Sponsored Students and the Temporary and Casual Employment webpages for guidance.

 

* Internal only