Understanding the Right to Work in the UK

The right to work in the United Kingdom is a fundamental aspect of employment law, ensuring that
individuals can legally take up employment while maintaining compliance with immigration
regulations.

This blog post explores what the right to work entails, who is eligible, how employers verify it, and
the consequences of non-compliance.

What is the Right to Work?

In the UK, the right to work refers to an individual’s legal permission to engage in paid employment.
This is governed primarily by the Immigration, Asylum and Nationality Act 2006, which places a
responsibility on employers to ensure their employees have the appropriate work authorization.

The right to work is closely tied to immigration status, as it determines whether a person can legally
work in the UK based on their citizenship or visa conditions.

For UK and Irish citizens, the right to work is automatic, as they are not subject to immigration
controls. For others, including those from the European Economic Area (EEA) and non-EEA
countries, the right to work depends on their immigration status, which may require specific visas
or permits.

Who Has the Right to Work?

Eligibility to work in the UK varies based on nationality and immigration status:

UK and Irish Citizens: Both groups have an unrestricted right to work in the UK
under the Common Travel Area agreement.

EEA Nationals: Since the UK left the EU, EEA nationals who were resident in
the UK before 31 December 2020 can apply for the EU Settlement Scheme to
secure their right to work. Those arriving after this date generally need a visa,
such as through the Skilled Worker route.

Non-EEA Nationals: Individuals from outside the EEA typically require a visa,
such as a Skilled Worker Visa, Student Visa (with work permissions), or other
work-related visas, to legally work in the UK.

Asylum Seekers and Refugees: Asylum seekers generally cannot work while
their claim is pending unless granted permission in specific circumstances.
Recognized refugees, however, have full access to the labour market.

Employer Responsibilities

Employers in the UK are legally required to conduct right-to-work checks before hiring. These
checks ensure that prospective employees have the legal right to work and help prevent
illegal working.

The process involves:

Obtaining Documents: Employers must see original documents or verified
digital copies proving an individual’s right to work, such as a UK passport,
biometric residence permit, or visa documentation.

Checking Validity: Employers verify the documents are genuine, valid, and
belong to the individual. This may include checking expiry dates or using the
Home Office’s online checking service for certain permits.

Retaining Copies: Employers must keep copies of the documents and
record the date of the check for compliance purposes.

Since April 2022, employers can use certified Identity Service Providers (IDSPs) for digital
right-to-work checks, particularly for British and Irish citizens with valid passports. For those with
time-limited visas, follow-up checks are required to ensure continued eligibility.

Consequences of Non-Compliance

Failing to conduct proper right-to-work checks can have serious consequences for employers. If
an employer is found to have employed someone without the right to work, they may face:

Civil Penalties: Fines of up to £20,000 per illegal worker for a first offense,
with higher penalties for repeat violations.

Criminal Sanctions: In cases of knowingly employing illegal workers,
employers could face imprisonment for up to seven years.

Reputational Damage: Non-compliance can harm a business’s reputation
and lead to operational disruptions.

Employees working without authorization may face deportation, bans on re-entering the UK, or other
immigration penalties. It’s in everyone’s interest – employer and employee – to ensure compliance.

Recent Changes and Considerations

The UK’s immigration landscape has evolved significantly since Brexit. The end of free movement for
EEA nationals has introduced new visa requirements, such as the points-based immigration system.
This system prioritizes skills and qualifications, affecting how employers recruit from abroad.

Additionally, the rise of digital right-to-work checks has streamlined the process but requires employers
to stay updated on compliant technologies.

For employees, understanding their right-to-work status is crucial. Those with time-limited visas should
monitor their visa conditions and seek extensions or new permissions as needed. Resources like the
Home Office website or legal advisors can provide clarity.