Navigating the employment landscape in the UK requires a keen understanding of certain legal mandates, chief among which is the ‘Right to Work’ law. This legislation determines who can work in the UK and ensures that employers hire legally eligible individuals. Here, we’ll break down the essentials of the Right to Work laws, helping both employers and employees grasp its significance.
1. What is the Right to Work?
The Right to Work refers to an individual’s legal entitlement to undertake employment in the UK. This is determined by their citizenship, visa status, and other legal criteria. Employers must verify this right before hiring an individual to avoid penalties.
2. Why is it Important?
For Employers:
Legal Compliance: Employers are legally obliged to ensure their employees have the right to work in the UK.
Avoiding Penalties: Hiring someone without the right to work can result in hefty fines and, in some instances, imprisonment.
For Employees:
Legal Employment: Ensures that individuals are working in the UK legally.
Protects Rights: Workers with the legal right to employment in the UK are entitled to minimum wage and other worker protections.
3. Who has an Automatic Right to Work?
British Citizens: Individuals with British citizenship either by birth or naturalisation.
European Economic Area (EEA) and Swiss Nationals: Prior to Brexit, EEA and Swiss nationals had an automatic right to work in the UK. Post-Brexit, the rules have changed, and it’s essential to consult updated guidelines.
Indefinite Leave to Remain: Non-UK nationals granted permission to live and work in the UK permanently.
4. Verification Process
Employers must carry out right to work checks to confirm a potential employee’s right to work:
Document Checks: This involves reviewing and copying valid documents, such as passports, residence permits, or birth certificates. The UK government provides a comprehensive list of acceptable documents.
Online Checks: Some individuals may have a share code, which employers
can use to check their right to work online via the UK government’s service.
5. Temporary Right to Work
Certain visas and permits grant individuals a temporary right to work in the UK. Employers must conduct periodic checks on these employees to ensure continued compliance.
6. Consequences of Non-Compliance
For Employers:
Civil Penalties: Fines can reach up to £20,000 for each illegally employed individual.
Criminal Charges: In severe cases, employers knowingly hiring workers without the right to work might face imprisonment.
For Employees:
Legal Action: Workers found without the right to work might face deportation or bans from re-entering the UK.
7. Keeping Updated
The landscape of Right to Work laws, especially in the context of Brexit and changing international relations, is continuously evolving. It’s crucial for both employers and employees to stay updated with the latest guidelines and regulations.
Conclusion
The Right to Work laws in the UK serve as a cornerstone in the employment sector, ensuring that all workers are legally entitled to their roles and that employers maintain the integrity of the UK labour market. As with all legal matters, when in doubt, seek advice – ensuring compliance is not only a matter of legality but also one of upholding workers’ rights and maintaining the reputation of businesses.