Right to work checks - updated guidance provided for UK employers

Posted: 06/01/2015

UK employers are required to undertake document checks on individuals prior to employing them in order to ensure that they have the right to work in the UK. To assist with these ‘right to work checks’, UK Visas & Immigration (UKVI) publishes a guide for employers.

At the end of December, UKVI updated this guide as follows: 

• EEA documents -  the guidance now confirms that a non-EEA national may present either a current or expired passport which contains a current Residence Card, Permanent Residence Card, Accession Residence Card, or Derivative Residence Card as sufficient evidence that the non-EEA national has the right to work. 
• International students / Tier 4 students - further clarification on the work rights and work placement rules for international students is included in a full appendix to the updated guidance. 
• Transfer of Undertakings (Protection of Employment) (TUPE) transfers - the guidance has also been updated in respect of TUPE transfers and changes to the constitution of corporate employers. It includes an explanation as to why a transferee under a TUPE transfer should perform the check. Additionally, the guidance confirms that such a check is not necessary when there is only a change in the legal constitution of the organisation, eg from a private limited company to a public limited company. 
• Employer Checking Service (ECS) - details of the new arrangements for making an enquiry to the ECS are included in the guidance. This should make it easier for employers to know when to conduct ECS and then to make the enquiry electronically. 

Penningtons Manches’ immigration specialists work closely with members of the firm’s employment group. If you require any further information about right to work checks, please contact the team.

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