When do you conduct Right to Work in the UK checks?

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When do you conduct Right to Work in the UK checks?

You are required to carry out an initial right to work check on all people you intend to employ before you employ them. Once you have completed this check, you will be required to carry out follow-up right to work checks on any employees with time-limited permission to work in the UK.

SPS can support Schools with advice when follow up checks for time-limited right to work documents are due. This service is not extended to Academies and non-customers, as we are unable to fulfil the requirements set by the Home Office although we are happy to provide advice and guidance. For Schools that cease to purchase an SPS package, we will no longer monitor time-limited documents and therefore the Schools would need to ensure a process is in place to monitor this solely.

What checks are required?

If a person provides you with acceptable documents from List A there is no restriction on their right to work in the UK, you therefore establish a continuous statutory excuse for the duration of that person’s employment with you. You are not required to carry out any further checks on this person.

If a person provides you with acceptable documents from List B there are restrictions on their right to work in the UK, so you will establish a time-limited statutory excuse. You are required to carry out follow-up checks on this person.

Table 1: Follow-up Checks

Document Type

Excuse Type

Frequency of Checks

List A

Continuous

 

Before employment starts only

List B – Group 1

Time-limited

 

Before employment starts and again when permission expires

List B – Group 2

Time-limited

 

Before employment starts and again after 6 months

 

As an employer, you have a duty to prevent illegal working. You should conduct document checks to make it harder for people with no right to work in the UK to unlawfully obtain or stay in employment, and to make it easier for you to ensure that you only employ people who have permission to do the work in question.

To allow us to support you, please email documentation of any individuals who currently have a time-limited right to work in the UK to sps.employmentcheck@kent.gov.uk which will allow us to monitor these alongside your own process.

If you are unsure whether a member of your staff has an ongoing right to work please contact us by email or call 03000 411121 to discuss further.