Eligibility to work in the UK
Why is this important?
The University is legally responsible for ensuring that every employee, casual worker, and migrant visitor (however brief their visit) is properly entitled to work in, and/or participate in the activities of the University.
You should not make assumptions about a person’s right to work in the UK on the basis of their background, appearance, accent or name.
What are the consequences of non-compliance?
Penalties for non-compliance are potentially severe, they include:
- On-the-spot fines for each illegal migrant worker
- Prison sentences for employers if illegal migrant workers are employed knowingly
- Downgrading or withdrawal of our sponsor licence, with the potential consequence that all sponsored migrants (staff and students) would have to leave the University and the UK.
Importantly, since all University faculties and schools are housed under one sponsor licence, non-compliance from just one area could mean consequences for the entire University.
How is this enforced?
The government’s UK Visas and Immigration department undertakes visits to check our compliance with the relevant legislation, policies and regulations. These visits can be unannounced.
How do we ensure that we keep the University compliant?
- By staying aware of our individual roles and responsibilities
- By conducting right to work checks for all workers and relevant visitors
- By following the guidance in relation to sponsoring non-British/Irish workers, and your responsibilities in relation to recruitment, reporting, and record-keeping.
Who is eligible to work in the UK?
Anyone who is not a British or Irish citizen requires an immigration status that allows them to live and work in the UK and we need to ensure that individuals are not disqualified from carrying out the work in question by reason of their immigration status.
Should I reject job applications from candidates who are not eligible to work?
You should never reject a candidate on the grounds that they do not hold the right to work in the UK at the shortlisting stage. Case law has established that this could amount to indirect discrimination on the grounds of national origin. Those currently without right to work may be able to obtain it through a variety of means.
You should follow the normal recruitment and selection procedures and produce your shortlist by assessing all candidates against your essential and desirable criteria in your person specification. The only stage of the recruitment process where right to work can be considered is at the final appointment stage.
A member of my team has a query about their right to work that I can’t answer. How can I help them?
Guidance for employees conducting right to work checks is available here: Right to work checks | People Directorate | StaffNet | The University of Manchester.
If you need support about individual visa eligibility you can contact us through the Connect Portal here: People Services - General Request Form - Connect