Right to Work Checks at the University

08 May 2025

Right to Work Checks – Our Legal Responsibility

Ensuring all employees have the legal right to work is crucial. Right to Work checks protect both the University and our employees, reinforcing ethical hiring practices.

Why Are Right to Work Checks Essential?

These checks must be completed before any work or academic engagement begins. Starting work before finalising onboarding can breach the University's duties as an employer and a Sponsor of migrant workers and students.

Legal Compliance: UK law mandates verifying an individual’s right to work before employment begins. Failure to do so can result in civil and criminal consequences. ATAS (Academic Technology Approval Scheme) clearance must be obtained before employment or research starts.
Financial Penalties: Employers who fail to carry out proper checks may face fines of up to £60,000 per illegal worker.
Criminal Liability: Negligence in conducting these checks could lead to criminal prosecution and significant reputational damage.
Operational Impact: Hiring individuals without the right to work or incomplete checks can disrupt operations and lead to compliance investigations.

Consequences of Failing to Complete Right to Work Checks

Legal and Financial Risks: Heavy fines, possible legal proceedings, and reputational damage.
Loss of Business Credibility: Non-compliance may affect relationships with clients, stakeholders, and regulatory bodies.
Operational Disruption: Employees without a Right to Work check will not be on the University payroll, missing out on pay and staff services.
Sponsor Licence: Non-compliance with Right to Work and ATAS could result in the loss of our sponsor licence, forcing all sponsored migrants to leave the University and potentially the UK.

How to Ensure Compliance

Conduct Right to Work (and if required ATAS) checks before employment commences.
Verify the Right to Work status with People Services if a new starter claims to hold a casual position before employment in any other role.
Conduct checks if an employee with a visa changes roles, hours, or immigration status.
Follow University and Home Office guidance for conducting these checks.
Stay up to date with requirements by following guidance issued on StaffNet.
If physical document checks are impractical before a new starter's first day, ensure original documents are brought to People Services on the first day before any duties commence. Hiring/line managers are responsible for this task.

Hiring managers should not permit anyone to commence their employment or engagement with the University without completing all relevant onboarding, including Right to Work checks, in advance of their first day.

By prioritising Right to Work checks, we protect the University, our employees, and our reputation. For further guidance, please reach out to the People Services team.

More Information

University Guidance

Home Office & FCDO Guidance