What is a right
to work check?
A right to work
check is a Home Office process that all employers
are required to carry out for all individuals to establish that each employee
or casual worker has the right to work in the UK before they start their
employment.
As an employer,
the University is required to operate within the UK government's rules on
working in the UK. This means we are legally required to:
• check that
everyone working or carrying out unpaid voluntary work duties for the
University has the appropriate right to work in the UK
• comply with the
terms of any immigration visas held by our employees and workers
• retain suitable
evidence of our checks so we can prove staff are working legally
Why is it important?
Failing to uphold
this duty could be costly and damaging to the University's reputation. It could
also disqualify the University from tendering for work and sponsoring students
and staff from outside the UK.
The University has
a legal responsibility to physically check all original documents presented to
us as proof of right to work in UK.
We are subject to regular UKVI audits on this
documentation and therefore it is critical that all our right to work paperwork
is in order and UKVI compliant.
What is the right to work process?
Right to work
checks at the University are carried out by a member of the HR Services team.
The check must be
completed before an individual can commence any paid work or unpaid
voluntary work duties with the University to ensure compliance with UKVI
legislation.
Normally the check
would involve a member of the HR team meeting the individual in person on
campus and taking relevant copies of their original right to work documents
(passport, visa or share code if applicable) or alternatively holding a video
call with the individual with the HR member of staff in receipt of the original
documents and they can then assess and verify the original documents online and
carry out the required check.
Temporary adjustments to the right to work checks due to Covid 19 - ENDS 20 JUNE 2021
In March 2020 due
to Covid 19 in line with Home Office guidelines we temporarily adjusted the way
we carried out the right to work checks to online checks only and used scanned
documents. The Home Office has advised this temporary adjustment ends 20 June 2021.
Retrospective Checks
All new starts
checked under the Covid 19 adjusted right to work check were advised that they
would be subject to a future in person retrospective check. The Home
Office has now confirmed that this will not be required.
Right to Work Check Process from 21 June 2021
We will revert
to the original rules and complete the right to work check either by:
- Carrying out a manual check which can take place either
in person on campus or via video link to check original documents but in
either case the HR staff member must be in possession of an individual’s
original documents. We can no longer inspect and verify scanned copies
via video link.
In
the current climate individuals may choose to demonstrate their right to work
by couriering their original documents to the HR Services team, in advance of
their RTW appointment and then HR will conduct the required check via video
link and return the original document to the individual via a recorded postal
service. Alternatively, an in-person
campus appointment can be made.
OR
2. Checking an individual’s right to work check via the online new UKVI share code system – to use this service the
individual must first obtain a right to work share code from the online
service here and then provide their share
code to the employer. The employer can then check the individual’s status
via the governments online the right to work service. This is a voluntary service for employers and
individuals, to be able to use the government online share code service
the individual must have confirmed online immigration status
(settled or pre-settled status) or applied for a visa and used the ‘UK
Immigration: ID Check’ app to scan their identity document on your phone.
Full step
by step details on the right to work check processes outlined above and how to
book a right to work appointment can be found HERE
The Home
Office has acknowledged due to the continued impact of Covid -19 that some
individuals may have specific circumstances which mean they may not have an
original document available.
Please be
assured that the HR Services team will assess any exceptional circumstances and
work closely with the individual and hiring manager to support and resolve this
type of situation, whilst still ensuring we are compliant with the Home Office
Employers Code of Conduct.
If you have any questions,
please call the HR Services team on 0131 455 3344 or email your question and/or
request a call back to: humanresources@napier.ac.uk
Please note that
due to the UK leaving the European Union new immigration rules apply with
effect 1 January 2021.
For more information
and guidance on all the new rules, please see the links below