Easy-to-follow guidance produced with the support of the Trades Union Congress
Migrants' Rights Network (MRN) yesterday published a concise and helpful new guide on carrying out right to work checks.
The 28-page guide can be downloaded here.
It was created with the support of the Trades Union Congress (TUC) and is primarily intended for trade union reps, but it will prove a useful, easy to follow and practical resource for anyone who needs to understand right to work checks.
The guide was produced following last week's introduction of online-only checks for certain employees.
MRN explained: "On 6 April 2022 the Home Office introduced changes to the right to work checks. The Home Office imposed a rule that employers must carry out right to work checks online if the employee is a holder of a Biometric Residence Permit or Biometric Residence Card, a Frontier Worker Permit, or holds pre-settled or settled status under the EU Settlement Scheme.
"We know from anecdotal evidence that a digital only system creates real risks of harm - discrimination, security and further risks for those who are digitally excluded. So, we want to ensure that migrant workers and their representatives are fully aware of the rules, and their rights when these checks are undertaken."
The guide's comprehensive table of contents is fully linked for easy access to all of its sections.
It considers why, when and how a right to work check needs to be done, and what the penalties are for employers who fail to perform checks correctly and who employ someone who does not have the right to work in the UK.
Separate sections of the guide explain how to carry out a manual right to work check and an online right to work check, including what documents are required.
The guide also covers implications for data protection under the UK General Data Protection Regulations (GDPR) and the Data Protection Act 2018.
The Home Office's updated guidance for employers on right to work checks is available here.