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July 12 2018

Expert Right to Work Audits for Employers in the UK

Unlike all of our other services, this is an audit. What does that mean?
Every employer in the UK has a duty to review and make copies of all new employee’s original documents that prove their right to work in the UK

The Home Office maintains a list of acceptable documents, and so the document(s) seen in this face to face check must match exactly with an option on that list. The check must be carried out on or before the first day of work. Verifile recommends carrying it out at interview stage so there is sufficient time to resolve any issues with documents well ahead of the employee’s first day.

If an employer is found to be employing someone without the legal right to work in the UK and the employer cannot prove that they met Home Office requirements regarding Right to Work (UK), then the employer cannot claim ‘statutory excuse’ against payment of a civil penalty. Employers knowingly employing illegal workers may face up to 2 years imprisonment and/or an unlimited fine. 

How does Verifile help you fulfil your duties as an employer? 
With our expert knowledge of Home Office rules, Verifile can audit the employee’s document(s) to verify their right to work in the UK.  

Verifile will also:

  • Advise you of any work restrictions e.g. student visa which allows only limited hours of work during term time.
  • Advise you of any required follow up e.g. checking university term dates.
  • Obtain 'Positive Verification Notices' when needed.
  • Prompt you a month before the document re-check is due (if required).

How can the service be used?
Verifile clients use our right to work in the UK service in two main ways:

  • To audit all new employee documents (this service tends to be included in the screening package).
  • To audit new employee documents that are not British passports (this service tends to be ordered as an ‘add on’).

What results can I expect?
Every audit will have a full report statement, confirming whether ‘statutory excuse’ appears to have been obtained or not. If it has been met, then we will advise you of any work restrictions and if there is a need to re-check documents in the future. If it hasn’t, then we will provide guidance on what additional documents are required.

As it is an audit, Verifile won’t contact you asking for further documents when statutory excuse has not been obtained. You can review the additional original documents, make copies and add them to the employee’s file. If you would like us to review the new documents, then please place a new order.

Change to the service 
When a biometric visa has been presented to prove right to work in the UK, Verifile has previously requested a verification report from the Home Office. Unfortunately, due to a change to the Home Office request process, we will no longer provide this report. Although it isn’t a legal requirement to do so, verifying visas can identify fake documents. If you would like to go a step beyond your legal obligations and verify biometric visas presented to you, then your candidates can generate a security code. Using the security code and the biometric residence permit (BRP) number, you can access the verification report online

Interested in our Right to Work Audit and want to find out more?
Please contact your Account Manager or the Client Service Team on +44(0) 1234 339 350