It is essential that all employers know how to conduct a right to work check on their potential employees. If an employer gets this wrong, they are risking a fine of up to £20,000, a prison sentence of up to five years, or both, for employing an illegal worker.

Right to work checks must be conducted in relation to all potential employees, regardless of nationality or ethnic origin, before the employee starts work.

What is a right to work check?

Essentially, a right to work check requires an employer to either:

• obtain, check and copy a document from the list of approved documents to prove the potential employee’s right to work in the UK; or

• check their right to work status online.

The full list of approved documents can be found in the Employer’s Guide to Right to Work Checks.

Adjusted right to work check measures

Temporary adjusted right to work check measures were put in place on 30 March 2020 due to the pandemic which allowed potential employees to send scanned documents (rather than originals) to an employer by email or a mobile app. The employer was then allowed to conduct a right to work check by checking the original documents via a video call and marking the copy ‘adjusted check undertaken on [insert date] due to Covid-19’.

However, these adjusted right to work check measures came to an end on 30 September 2022. Therefore, since 1 October 2022, if employers wish to carry out a manual check of right to work documents, this will need to be done in person.

Right to work checks since 1 October 2022

In summary, since 1 October 2022, employers now have three options in relation to right to work checks:

• Carrying out a manual check: this involves meeting the potential employee in person, checking their original right to work document, copying it and marking the copy ‘right to work check undertaken on [Date]’.

• Where the potential employee is an overseas national with a biometric work or residence permit. These individuals’ right to work can only be checked online. They must provide their date of birth and a share code to the employer who will then be able carry out an online right to work check. Face-to-face manual right to work checks are no longer enough to establish a statutory defence against a civil penalty in relation to these individuals.

• Employers can use certified Identity Service Providers (IDSPs) to complete digital right to work checks for British and Irish citizens (as long as they hold a valid passport). This is an alternative to manual checks and the IDSPs will complete these digital right to work checks on behalf of employers using Identity Document Validation Technology.

When should employers carry out a right to work check?

Every new employee needs a right to work check. Even if you and a candidate go ‘way back’, you must conduct a right to work check before any contract is signed. It is a fundamental step in the pre-employment process and it is recommended that checks are carried out at interview stage to avoid wasting time and money.

Where an individual is already employed in a business, or has an outstanding visa/immigration status application, employers should check this by using the government’s free online Home Office Employers Checking Service (ECS).

If the person has a right to work, the ECS will send you a ‘Positive’ or ‘Negative’ verification notice within five days. This provides a legal defence for employers for up to six months, in case the individual’s immigration status expires in this time.

You do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.

Do UK citizens need a right to work check?

Yes, British or Irish citizens should provide certain documents for a right to work check but these are typically easier to find and quicker to approve.

In the first instance, British or Irish applicants should show their passport (regardless of whether it has expired).

If this is not possible, they will need to show their employer two alternative documents:

• A document with their name and National Insurance number on it. This can either be from the government or a previous employer, for example, a P45 form.

• A birth or adoption certificate (or a certificate of registration or naturalisation).

In a nutshell….

Hiring has become a major source of stress for employers in the last twelve months as “The Great Resignation” has seen thousands quitting jobs across all sectors. As a result, a record number of employers are searching for alternative hiring routes, like recruiting from overseas.

Knowing how to legally and ethically source staff from both the UK and abroad will give employers access to a wider pool of applicants during what has become a troubling recruitment run.

For advice contact nicola.goodridge@goodhr.co.uk or on +44 (0)7917878384

It is essential that all employers know how to conduct a right to work check on their potential employees. If an employer gets this wrong, they are risking a fine of up to £20,000, a prison sentence of up to five years, or both, for employing an illegal worker.

Right to work checks must be conducted in relation to all potential employees, regardless of nationality or ethnic origin, before the employee starts work.

What is a right to work check?

Essentially, a right to work check requires an employer to either:

• obtain, check and copy a document from the list of approved documents to prove the potential employee’s right to work in the UK;

or

• check their right to work status online.

The full list of approved documents can be found in the Employer’s Guide to Right to Work Checks.

Adjusted right to work check measures

Temporary adjusted right to work check measures were put in place on 30 March 2020 due to the pandemic which allowed potential employees to send scanned documents (rather than originals) to an employer by email or a mobile app. The employer was then allowed to conduct a right to work check by checking the original documents via a video call and marking the copy ‘adjusted check undertaken on [insert date] due to Covid-19’.

However, these adjusted right to work check measures came to an end on 30 September 2022. Therefore, since 1 October 2022, if employers wish to carry out a manual check of right to work documents, this will need to be done in person.

Right to work checks since 1 October 2022

In summary, since 1 October 2022, employers now have three options in relation to right to work checks:

• Carrying out a manual check: this involves meeting the potential employee in person, checking their original right to work document, copying it and marking the copy ‘right to work check undertaken on [Date]’.

• Where the potential employee is an overseas national with a biometric work or residence permit. These individuals’ right to work can only be checked online. They must provide their date of birth and a share code to the employer who will then be able carry out an online right to work check. Face-to-face manual right to work checks are no longer enough to establish a statutory defence against a civil penalty in relation to these individuals.

• Employers can use certified Identity Service Providers (IDSPs) to complete digital right to work checks for British and Irish citizens (as long as they hold a valid passport). This is an alternative to manual checks and the IDSPs will complete these digital right to work checks on behalf of employers using Identity Document Validation Technology.

When should employers carry out a right to work check?

Every new employee needs a right to work check. Even if you and a candidate go ‘way back’, you must conduct a right to work check before any contract is signed. It is a fundamental step in the pre-employment process and it is recommended that checks are carried out at interview stage to avoid wasting time and money.

Where an individual is already employed in a business, or has an outstanding visa/immigration status application, employers should check this by using the government’s free online Home Office Employers Checking Service (ECS).

If the person has a right to work, the ECS will send you a ‘Positive’ or ‘Negative’ verification notice within five days. This provides a legal defence for employers for up to six months, in case the individual’s immigration status expires in this time.

You do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.

Do UK citizens need a right to work check?

Yes, British or Irish citizens should provide certain documents for a right to work check but these are typically easier to find and quicker to approve.

In the first instance, British or Irish applicants should show their passport (regardless of whether it has expired).

If this is not possible, they will need to show their employer two alternative documents:

• A document with their name and National Insurance number on it. This can either be from the government or a previous employer, for example, a P45 form.

• A birth or adoption certificate (or a certificate of registration or naturalisation).

In a nutshell….

Hiring has become a major source of stress for employers in the last twelve months as “The Great Resignation” has seen thousands quitting jobs across all sectors. As a result, a record number of employers are searching for alternative hiring routes, like recruiting from overseas.

Knowing how to legally and ethically source staff from both the UK and abroad will give employers access to a wider pool of applicants during what has become a troubling recruitment run.

For advice contact nicola.goodridge@goodhr.co.uk or on +44 (0)7917878384

The CBI is in turmoil as allegations of sexual misconduct have been made against some of its employees. It flags the question, what counts as sexual harassment, and what should you do if you encounter it at work?

What is sexual harassment?

Sexual harassment is unwanted behaviour of a sexual nature. It must have either violated someone’s dignity, whether it was intended or not, or created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.

It can be a one-off act or a pattern of behaviour, but it doesn’t have to be repeated.

Examples include:

• flirting, gesturing or making sexual remarks about someone’s body, clothing or appearance

• asking questions about someone’s sex life

• telling sexually offensive jokes, making sexual comments or jokes about someone’s sexual orientation or gender reassignment

• displaying or sharing pornographic or sexual images, or other sexual content

• touching someone against their will, for example, hugging them

• sexual assault or rape

In the workplace it covers employees and workers, contractors and self-employed people, as well as job applicants.

What counts as a workplace?

The workplace in this context isn’t just “the office”.

If an event or situation is in any way connected with work then it can fall under the workplace… and there could be a claim brought for sexual harassment. That could be a Christmas party, a client event or messaging between colleagues.

What are your rights?

If you have been subjected to sexual harassment you can submit a grievance to your HR department and have the right to have that complaint thoroughly investigated, regardless of the seniority of the individuals involved.

Some companies allow for anonymous reporting of complaints or have digitised systems. However allowing anonymity poses a challenge for HR departments as they cannot operate in a vacuum if organisational leaders are failing to reflect company values or expected standards of behaviour.

What should companies do when someone makes a complaint?

An employer must investigate any report made to them of sexual harassment. Even if there has been a long time between the incident taking place and it being reported, the employer should still take it very seriously.

Companies are increasingly putting policies and procedures in place to try and control behaviour, for example, codes of conduct and policies covering behaviour at workplace events. However policies alone are not sufficient. Regular training for anyone responsible for people management is essential.

What about social media?

The law around sexual harassment is based on the Equality Act 2010 when social media was in its infancy. Employers do need to have clear policies. People do have the right to privacy but also not to bring an organisation into disrepute. With social media messaging, there’ is no legal prohibition, but it’s a really good example of where most organisations haven’t caught up with the changing risk.

What can you do if you are accused of sexual harassment?

If you feel you have been wrongly accused, it’s important to be able to gather evidence – look at the allegations and see if you are able to challenge them. A log of events, transcripts of conversations, witnesses to your interactions are all important.

Employers should not presume the accusation is either true or false. Someone who is accused of sexual harassment should be offered support and sensitivity, so the handling of the complaint is balanced.

What about workplace relationships?

Regardless of whether it is consensual, quite a few companies now have rules around workplace relationships. Either they don’t allow them or if you are in one, you have to declare it.

In a nutshell…

Employers need to be vigilant and ensure they have clear policies outlining the expectations regarding conduct and behaviour. Further, all staff (not just managers) should attend training that aims to raise awareness of workplace sexual harassment because it will provide the necessary tools and information to identify, prevent and, importantly, remove sexual harassment from the workplace.

Further information and advice from nicola.goodridge@goodhr.co.uk or on +44 (0)791787834