06/04/2025
The Importance of “Right to Work” Checks in the UK Construction Industry.
As highlighted in our previous post on Illegal Working, the UK Construction industry struggles to maintain accurate Right to Work checks.
UK Employers have a duty of care to prevent illegal employment by verifying workers’ documents to check their “Right to Work” in the UK, such as checking original documents and securely recording those checks. Doing so helps employers avoid liability for civil penalties, known as ‘establishing a statutory excuse against liability for a penalty’.
Why are Right to Work checks important?
1) UK Employers have a legal obligation to conduct Right to Work checks to ensure they are not employing individuals without the right to work in the UK.
2) They help prevent illegal working and discourage the exploitation of vulnerable workers.
3) Failure to conduct accurate Right to Work checks can result in, but is not limited to, civil penalties of up to £60,000 per illegal worker or up to five years in prison.
4) The Home Office can issue an onsite closure notice for up to 48 hours if they believe illegal working is taking place, which can be extended if necessary.
How can construction firms carry out Right to Work checks?
1) Employers must accurately check worker’s original documents to verify their right to work in the UK.
2) Copies of the origional documents must be stored securely for the duration of the worker’s employment and for two years afterwards. The documents must then be securely destroyed.
3) Examples of acceptable documents may include a current passport, a birth certificate, or an Immigration Status document.
4) Employers can also undertake an online Right to Work check using IDVT via the services of an IDSP (British and Irish citizens only), a Home Office online Right to Work check (non-British and non-Irish citizens), or the Employer Checking Service.
5) The documents must be valid, true likeness of the worker, untampered or altered, and proof that the worker’s Right to Work in the UK has not expired.
6) Reading the guidance in the 'Employer’s guide to Right to Work checks', link below.
Brandon Hughes | Immigration Advisor
Employer’s guide to Right to Work checks:
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