Right to Work

Who needs a right to work check?

Everyone we employ needs a right to work check regardless of their race, ethnicity or nationality. The check must be done before the work starts.

In addition:

• Holders of a GAE (Temporary Work) visa need a right to work check, whether employed or engaged as a worker, for compliance purposes
• We also need to carry out follow up checks if anyone's right to work has an expiry date, and this must be done before the current right to work expires. Note: no follow-up right to work check is required for existing staff who hold Pre-Settled Status under the EU Settlement Scheme.

If someone has transferred into the University under TUPE provisions, the receiving department must undertake a right to work check on all transferring staff, regardless of nationality, either before the transfer takes place (where possible) or up to 60 days after the transfer has taken place. 

Who doesn't need a right to work check?

There are certain circumstances where a right to work check is not required:

• An existing employee employed before 1 May 2004;
• An existing employee moving departments within the University;
• A returning employee with no break in service (a ‘break’ is legally defined as being more than 7 days, which must include a Saturday and a Sunday);
• A worker whose right to work was taken by the Temporary Employment Service (TES) - please verify each case with the Compliance Team in the first instance;
• A worker who registered on the Cambridge Casual Worker System (CCWS), as long as they have not been made a leaver/issued a P45 (it is the Department's responsibility to check this);
• NEW! Anyone who is self-employed;
• NEW! A visitor to the University, unless they have a GAE (Temporary Work) visa, which case a right to work check must still be carried out before the visit begins;
• NEW! A volunteer at the University;
• NEW! Anyone undertaking work experience at the University;

Why do we need to do checks?

1. The University has a legal responsibility to ensure that all employees have the right to work in the UK. 
2. It is a criminal offence to employ someone you are aware, or have reasonable cause to believe, has no right to work in the UK. This is punishable with unlimited fines and/or imprisonment. 
3. If we do not comply with our duty to ensure our employees and workers have the right to work in the UK, there are serious penalties:
   • On-the-spot fine of up to £45,000 for each illegal worker employed;
   • A maximum five year prison sentence and/or an unlimited fine if you know, or have reasonable cause to believe, that an employee is not entitled to work in the UK by virtue of their immigration status;
   • Down-grading the University's sponsor licence, meaning we would be unable to sponsor any individuals under the Skilled Worker or Temporary Worker GAE;
   • Withdrawal of the University’s sponsor licence, with the consequence that all sponsored individuals would have to leave the University.

How do we check someone has the right to work in the UK?

There are three steps in carrying out a right to work check:

1. Obtain the document
2. Check the document
3. Copy the document

The method of carrying out each step will depend on the type of check you are undertaking:

• A Home Office online right to work check which requires you to have sight of the individual’s digital status. You should use this type of check for all non-UK/Irish nationals who will be in the UK for more than 6 months, and you can verify the document either in person or via video call.
• A manual, document-based check which requires to you have original document(s) which can be verified either in person or, if the holder has sent the document(s) to you by post, via a video call. All UK and Irish citizens require this type of check and those who are in the UK for 6 months or less.

If you are unsure which check is required, please see our quick guide flowchart.