Employer responsibilities for right to work checks
All employers must comply with the law by ensuring that both prospective and current employees have the right to work in the UK through appropriate checks.
Failure to conduct these checks can result in significant penalties. An employer found employing an illegal worker without having conducted the correct checks may face fines of up to £60,000.
Additionally, it is a criminal offense to knowingly employ someone who is an illegal worker or when there is reasonable cause to believe they are an illegal worker. This offense carries the risk of an unlimited fine and a prison sentence of up to five years.
Who needs a right to work check?
All potential employees must undergo a right to work check, regardless of their nationality. Completing these checks before employment commences is essential. It ensures compliance with our legal duty to prevent illegal working and avoids unlawful discrimination.
For individuals holding a visa permitting them to live and work in the UK, a follow-up check is required shortly before their current right to work expires. Further guidance on this can be found in the visa expiries, refusals and appeals section.
No right to work check is required for:
- Existing employees hired before 1 May 2004
- Existing employees transferring between departments within the University
- Returning employees with no break in service (a break is defined as more than 7 days, including a Saturday and a Sunday)
If you are uncertain, please consult the SharePoint guidance.
Why are right to work checks important?
Under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2016, the University is legally obligated to ensure that all employees have the right to work in the UK.
Employing someone whom the employer knows or has reasonable cause to believe is an illegal worker is a criminal offense. Therefore, right to work checks must be conducted for every prospective employee, regardless of race, ethnicity, or nationality, before they commence work.
Failure to comply with this duty can result in severe consequences, including:
- Fines: on-the-spot fines of up to £45,000 for each illegal worker employed
- Criminal penalties: a maximum five-year prison sentence and/or an unlimited fine if it is known or there is reasonable cause to believe that an employee is not entitled to work in the UK
- Sponsor license downgrade: the University’s sponsor license may be downgraded, requiring a timed action plan to regain full compliance; during this period, the University would be unable to sponsor individuals under the Skilled Worker or Temporary Worker GAE visa routes
- Sponsor license withdrawal: withdrawal of the sponsor license, resulting in all sponsored individuals having to leave the University
It is essential to follow these regulations to maintain compliance and uphold the integrity of our employment practices.
Working in the UK
Where an individual is subject to UK immigration control, they will require a visa to work in the UK.
The following individuals do not need a visa for the UK, but must still prove their right to work before employment can begin:
Ensuring these checks are completed helps us remain compliant and supports our commitment to lawful employment practices.
Visa types
Obtaining an appropriate visa grants an individual the time-limited right to work in the UK. For non-UK nationals who receive a job offer from the University and do not have prior ties to the UK, such as residence, family, or ancestral links, the UK points-based immigration system is the most common route for securing the right to work.
This section offers guidance on the types of visas that provide the right to work in the UK and outlines the procedures for obtaining them.
Under the points-based immigration system, the visas most commonly seen by the University include:
For other visa types which provide a right to work in the UK, the most commonly seen by the University are:
Visa refusals
If an individual’s application for entry clearance or leave to remain is refused, then they may have the right to appeal.
Further guidance can be found in the visa expiries, refusals and appeals section.
If a visa application for an employee or potential employee is refused, then the faculty/school/department should contact the HR Staff Immigration Team immediately.
Working in the UK on a Tier 4/Student visa
Guidance for Tier 4/Student visa holders wishing to work in the UK is available here.
For taught students: students need to provide their line manager with a Confirmation of Student Status Letter, which confirms term dates. The line manager must send this letter, along with the Tier 4/Student visa documentation, to HR for employment contracts to be issued.
For graduate PhD research students: PhD students must not work more than 20 hours per week during their studies. Written confirmation is required from the research supervisor or University that the student has submitted their final thesis or has been awarded their PhD before they work more than 20 hours per week. In such cases, they may work full-time for up to 4 months or until the expiry date of their visa, whichever is sooner. For more detailed information, please refer to the official guidance.
Last edited Aug 09, 2024