Who needs a right to work check?
All potential employees require a right to work check, regardless of their nationality. This must be conducted before employment commences.
For those individuals who hold a visa permitting them to live and work in the UK, there is also a requirement to undertake a further check at the point that permission expires. Further guidance on this can be found in the visa expiry section.
Why do we need to do checks?
Under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2016, the University has a legal responsibility to ensure that all employees have the legal right to work in the UK. Checks on right to work must be carried out for every person the University intends to employ regardless of their race, ethnicity or nationality before they begin any work. If we do not comply with our duty to ensure our employees have the right to work in the UK, there are serious penalties for non-compliance:
- On-the-spot fines of up to £20,000 for each illegal migrant worker employed.
- A maximum two year prison sentence and/or an unlimited fine if illegal workers are employed knowingly and/or a maximum five year prison sentence where you had "reasonable cause to believe" that an indivdual was not entitled to work in the UK by virtue of their immigration status.
- Down-grading the University's sponsor licence, with subsequent timed action plan to regain fully compliant status. The University would not be able to sponsor any more individuals under Tier 2 or 5 during any period when our licence is downgraded, or
- Withdrawal of the sponsor licence, with the consequence that all sponsored individuals would have to leave the University.