right to work in the UK

All employers have a legal obligation to check that all their staff have a legal right to work in the UK before they can employ them, as it is illegal to employ a person who does not have permission to live and work in the UK (the Company can be prosecuted and fined if they do). Full details of what you need to know are in our article here.

All staff need to be treated the same (regardless of their nationality, place of birth etc.) so all staff must be checked. When a member of staff joins an employer they must provide evidence of their right to work in the UK by showing the company an original document from List A or List B (that the Government publishes). If a member of staff ceases to be entitled to work in the UK whilst in employment the employer may have no option but to terminate their employment.

The Government regularly publish guidance and in May 2014 they published An Employers Guide to Right to Work Checks which you can see in the article.

On 12th May 2016 the Immigration Act became law, and will be implemented through a series of new regulations that come into effect over the next few months. Read what will be included in our article.

In addition, on 30th March 2020 the Government announced that there would be changes to Right to Work in the UK checks, during the Coronavirus pandemic. You can read the details here.