All workers engaged by the University must have a right to work completed.  It is essential that assumptions are not made about the nationality of staff based on their name, accent, appearance, or current employment.

We also check the identity and right to work of agency-employed staff through the IT Access process, even though the agency is ultimately responsible for this check as the employer.

Checks must always be carried out:

• prior to employment for all employees and workers
• when a worker on a visa is changing roles (to ensure no restrictions exist that prevent them from doing so)
• when a worker whose visa or other work authorisation is expiring
• at the point when a worker is granted indefinite leave to remain (ILR)
• if a worker becomes a British Citizen through naturalisation

It is important that right to work checks are conducted before a new employee commences work.  The line/recruiting manager for new starters is responsible for ensuring this task is completed before they allow a new starter to commence work.

Step 1: Obtain Evidence

The Home Office maintains a prescribed list of the original documents we can accept to form the right to work check.  You should obtain and accept original documents in person from the list in Annex A of this document.

It is divided into List A (documents which show a continuous right to remain) and List B (documents which show a temporary right to remain). 

Step 2: Check evidence

You must check that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering. You must check that:

1. photographs and dates of birth are consistent across documents and with the person’s appearance to detect impersonation
2. expiry dates for permission to be in the UK have not passed
3. any work restrictions to determine if they are allowed to do the type of work on offer (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed)
4. the documents are genuine, have not been tampered with and belong to the holder; and
5. the reasons for any difference in names across documents can be explained by providing evidence (for example, original marriage certificate, divorce decree absolute, deed poll).

Step 3: Copy evidence

You must make a clear copy/scan of each document in a format which cannot be altered manually, and this will be retained securely on the employee file.  

You must copy and retain copies of:

1. Passports: any page with the document expiry date, the holder’s nationality, date of birth, signature, immigration permission, expiry date, biometric details, photograph and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question (the front cover no longer has to be copied)
2. All other documents: the document in full, including both sides of an Immigration Status Document and an Application Registration Card.

We are required to retain a secure record of the date on which you made the check. Simply writing a date on the copy document does not confirm that this is the actual date when the check was undertaken. If you write a date on the copy document, you must also record that this is the date on which you conducted the check.  You should write the statement below on the copy with your signature and date:

The date on which this right to work check was made was:

Signed:

Print:

How do I know the documents presented are genuine?

Whilst we are not expected to be experts there are some basic checks we can take when conducting manual right to work checks.

When you are checking the validity of physical documents, you should ensure that you do this in the presence of the holder and you must be in physical possession of the original documents.

The responsibility for checking the document is ours and we must not delegate this responsibility to a third party where we are carrying out a manual check of original documents.

If you are given a false document, we will only be liable for a civil penalty if it is reasonably apparent that it is false. This means that a person who is untrained in the identification of false documents, examining it carefully, but without the use of technological aids could reasonably be expected to realise that the document in question is not genuine.

We will not obtain a statutory excuse if:

• it is reasonably apparent that the person presenting the document is not the person referred to in that document, even if the document itself is genuine
• you know that the individual is not permitted to undertake the work in question
• you know that the documents are false or do not rightfully belong to the holder

There is online guidance about recognising fraudulent identity documents on the GOV.UK website here: Examining identity documents - GOV.UK

How do I determine someone is eligible to work from their documentation if I am not sure?

There is an easy to use tool on the .gov website to check whether someone has the right to work based on the documentation presented Check if a document allows someone to work in the UK - GOV.UK, and if you are at all uncertain contact People Services through the People Connect Portal.

How do I supply the documents to People Services?

Electronic copies of documents should be uploaded to the People Connect Portal.

If you have undertaken a check involving hard copies these should be brought over to the second floor of Simon Building in person whenever possible, rather than going in the internal mail.

Step 1: Use the Home Office online service

To check the person’s right to work details, you will need to

• access the service Check a job applicant's right to work: use their share code - GOV.UK
• enter the ‘share code’ provided to you by the individual, and
• enter their date of birth

It is not sufficient to simply view the details provided to the individual on the migrant part of the service and doing so will not provide you with a statutory excuse.

Step 2: Check their identity

You must check that the photograph on the online right to work check is of the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in person or by video call and should be done at the same time as accessing the share code.

We must only employ the person (or continue to employ an existing employee, if you are conducting a follow-up check) if the online check confirms they have the right to work and are not subject to a condition preventing them from doing the work in question.

If we employ someone on the basis of the online check, but it is reasonably apparent from the photograph that the individual working is not the individual to whom the information provided in the check relates, we may face a civil penalty in the event of illegal working or risk being found guilty of a criminal offence.

Step 3: Retain evidence of the online check

You must send the output of the online right to work check to People Services through the People Connect Portal so it can be saved to their employee file. This should be the ‘profile’ page confirming the individual’s right to work which is the page that includes the individual’s photo and date on which the check was conducted and should be saved as a PDF.