Does your Potential Employee have the Right to Work in the UK?

It is an employer’s responsibility to ensure that a potential employee has the right to work in the UK before asking them to apply for a CRB check.

The UK Borders Agency (UKBA) provides guidance to employers on preventing illegal working, which should be considered when you are employing individuals and verifying their identity.

UKBA works together with employers to ensure that illegal workers cannot obtain work in the UK. Where employers are found to be making use of illegal labour, UKBA will enforce tough sanctions and penalties on employers. So it is important that you know what signs to look out for and which documents to check to assist the Government in tackling illegal working. Some key points to note include:

• UKBA offer an Employer Checking Service to verify an individual’s right to work in the UK under certain circumstances;
• With reference to entitlement to work in the UK, there is a difference between asylum seekers (who are not entitled to work), and those who have been granted refugee status or humanitarian protection (no restrictions on working in the UK, as long as they continue to hold qualifying status);
• Nationals from European Economic Areas (EEA) and Switzerland can enter the UK without restrictions, although they should not be employed purely on the basis of their claim to be an EEA national – you must check the restrictions in place.
• Students from outside the EEA are permitted to take limited employment in the UK, providing their conditions of entry allow them to do this. Those studying here who have entered the UK as ‘student visitors’ are not entitled to work.

There are a number of identity documents that can be used to verify an applicant’s right to work in the UK, some of which are included in the list of valid ID documents that can be presented to you as part of the CRB application process. These include: passport or national identity card; Immigration status document; biometric immigration document; work permit. Full details of these documents can be accessed via the website below.

It is also important to avoid discrimination when verifying an individual’s right to work in the UK. Employers should not assume that someone from an ethnic minority is an immigrant or someone born abroad is not entitled to work in the UK. Equally, you should not employ anyone on the basis of their claim to be British, or if you think that someone appears to be British. The best way to make sure that you do not discriminate is to treat all job applicants in the same way.

If you would like more information about identifying an applicant’s right to work in the UK, comprehensive guidance for employers is available on the UKBA website www.ukba.homeoffice.gov.uk  In addition, you can gain further advice from the Sponsorship and Employers’ helpline on 0300 123 4699.