Starting a new job always involves lots of paperwork and documentation. For anyone looking for a new job, it can seem that every few months the government comes up with another form to complete or hurdle to cross before starting work. Some of the paperwork will be employer-specific, and others, like police criminal records checks, will depend on the sort of work you will be doing. However, the most basic form of checking, the Right to Work Check, applies to everything. So, what’s it all about?
Right to Work – A Definition
Right to Work checks are a UK government scheme designed to prevent illegal employment. Employers have the responsibility of making sure that the people working for them in the UK are both in the country legally and have the right to work here. It is left up to employers how to perform these checks, but most will ask people applying for jobs to bring their passports to interview with them.
Passports are the best way to confirm right to work as it’s proof of your nationality. If your employer sees that you have a British passport, then that confirms your right to live and work here and no further checks are needed. If you have a passport from another country that doesn’t automatically mean that you can’t work in the UK, it just means that the employer will have to do further checks to look at any visas you have in your passport which give indefinite leave to remain or entitlement to work.
Brexit and Right to Work Checks
Before the UK left the European Union, people from other European Union countries were all allowed to live and work in the UK without restrictions. This all changed at the start of 2021 and for people who are settled in the UK but still have their passport from another EU country this could mean an extra layer of checking and confirmation. In most cases, wherever a worker is from, the employer will want to take a photocopy of the details page in your passport for their records. If they are audited by the authorities, this will act as proof that they have performed the right checks and protect them from prosecution.
Is This the Same as a DBS Check?
Although they might take place at the same time, a right to work check is very different from a DBS check. Everyone needs to go through a right to work check, as if an employer is found to be employing illegal workers, they can be hit with very high fines. A DBS check is restricted to certain jobs only, so not everyone will need to have a DBS check. Usually, job adverts will clearly state whether a DBS check is required. If you do need a DBS check, your employer will be able to offer guidance on the process for completing the form, and what level of detail is likely to be revealed on the certificate.
