The UK's Home Office has published some new rules coming into effect January 22nd, 2024. These rules are all about making sure that employers check if their workers have the right to work in the UK. In this blog post, we'll break down what these rules mean and how employers can follow them to avoid any negative consequences.
The basics
It's against the law in the UK to hire someone who doesn't have the right to work. If employers follow specific checks, they can protect themselves from getting into trouble. The new code of practice tells employers exactly what to do to stay on the right side of the law.
The code explains the actions an employer can take to avoid liability for a civil penalty if they breach this act, which prohibits an employer from employing a person who does not have the right to work in the UK. This is called establishing a statutory excuse against liability for a civil penalty.
"The rules are in a guide called the "code of practice on Illegal Working Penalties." It tells companies what checks they need to do to avoid getting fined if they hire someone who isn't allowed to work."
The code
The code explains different ways employers can check if someone has the right to work.
Verification Methods:
- Look at original documents
- Use a registered ID service provider (for British or Irish citizens)
- Use the Home Office online checking service for individuals outside of the UK
The code of practice, which can be found here, sets out the details of what needs to be checked and how in each case.
Who it applies to
The code and legislation focus on regular employment, however, it's still a best practice for employers to check everyone, including temporary workers and agency workers. For some clients and specific industries, like education, these checks are of incredibly high importance.
Why it matters
The code is about how much companies can be fined if they break the rules. The new rules set the highest amount a company can be fined for hiring someone who isn't allowed to work.
The rules are in a guide called the "code of practice on Illegal Working Penalties." It tells companies what checks they need to do to avoid getting fined if they hire someone who isn't allowed to work.
Checking if someone has the right to work isn't just about following the law. It's also about protecting your company. If you supply someone who can't legally work, and you didn't do the checks, it can cause problems. Clients and others might not be happy, and it could harm your company's image.
How we can help
The new code from the Home Office is for employers to double-check if their employees can work in the UK. By following these steps, employers not only stay on the right side of the law but also avoid trouble and keep their reputation intact. So, before January 22nd, 2024, make sure to get familiar with the code, update your processes, and get ready for the new way of making sure everyone has the right to work in the UK.
For more information on compliance, including this new right to work check code, please contact us at Giant Screening. We can help you ensure maximum compliance with right to work check guidelines. Our Right to Work service uses the latest ID technology alongside our robust screening and validation processes to provide a fast, all-inclusive & compliant service.
