Managing a workforce in the UK is an important task and a part of daily life. Ensuring that your employees have the right to work is a legal requirement of every employer; thus, it enhances the credibility and integrity of the company. Incapability in performing and assessing the right-to-work checks in the UK can lead to severe penalties. In this guide, you will be able to understand how to avoid illegal working at your workplace.
Importance
The right to work is an essential part of the pre-employment process as it verifies whether the candidates are allowed to work within the UK. Hiring someone not eligible to work is considered illegal, as per the government. This action can result in aftermaths like degradation of credibility and accountability with high penalties from the Home Office. It is legally the employer’s responsibility to ensure the requirements are met.
Required Process to Avoid Illegal Working
- Verification of the valid documents
To avoid illegal charges, rechecking the documents is an essential step to ensure they are still valid and can be considered for continuation of employment.
- Verified visa
The employee should carry a visa confirming their eligibility to work in the UK to ensure they are not breaching any law or regulation that might consider the employee illegally working in the company.
- Maintaining records
Keeping up-to-date records of all right-to-work checks is a good practice. Keep copies of the documents you’ve checked and note when the checks were performed.
- Constant follow-ups
If an employee has the right to work in the UK, it is essential to have constant follow-ups before their permission expires, which can lead to severe consequences from the home office.
- Ask for appropriate documents
When hiring a new employee, a company should request the relevant documents proving their right to work in the UK. Passports, NIDs, or residency permits constitute the necessary evidence for the process. The documents should be verified thoroughly by the employer.
The consequences of Non-Compliance
Employers or companies that fail to perform right-to-work checks may suffer significant financial penalties and loss of reputation because of their irresponsible behaviour. The home office may also issue criminal charges if you knowingly promote illegal working at your place, as it is also degrading the integrity of the United Kingdom. The criminal charges may not be pursued, but they will still highly affect your financial situation and the accounts management of the company in the future due to the reputational damage suffered.
Benefits of using Lawyersorted
Are you navigating from website to website, searching for a solicitor of your own? Say no more. We understand how the legal intricacies of right-to-work checks can be stressful for employers. That’s where Lawyersorted.com comes in. Here, you will find a list of experienced solicitors specialising in employment law who are ready to serve and make your task simplified and easy. Consulting their services can safeguard your business from significant legal and financial pitfalls.
Not only are right-to-work checks required by law, but they are also every employer’s primary responsibility. These elements support an organisation’s successful and efficient operation in the UK. By adhering to the guidelines in this article and procuring your solicitor through Lawyersorted.com, you will absolve your business and yourself of potential future difficulties that could arise from neglecting right-to-work checks. Take the required action now to free your workplace from fines, accusations and inflammatory public reactions.
Written By –
Omar Shams
CEO & Founder at Lawyersorted.com
