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Proof of right to work checks ( for maintained schools not buying BCC hr)

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Proof of right to work checks ( for maintained schools not buying BCC hr)

Proof of Right to Work Checks (Asylum and Immigration) for LA schools who do not buy BCC HR Payroll & Transaction Services

As BCC is still the legal employer for LEA schools who do not buy BCC’s Payroll service, the schools are responsible for conducting the correct checks according to the relevant guidelines – if BCC should be audited by the Home Office the schools may need to make this documentation available.

It is illegal to employ somebody who has no right to work in the UK. The employer has a duty to check appropriate & acceptable forms of ID for each new employee (prior to the individual starting work) to establish nationality and evidence that they are legally entitled to work in the UK. This is referred to as “Right to Work”. The law on preventing illegal working is set out in the Immigration, Asylum and Nationality Act 2006.

The employer must carry out the check before the person starts work to establish a ‘statutory excuse’ (legal defence) against liability to pay a civil penalty if found employing an illegal worker. Non-compliance with these checks and if found employing an illegal worker could mean a Civil penalty and/or Criminal charges.

To ensure that recruitment practices do not discriminate against anyone because of their race or nationality these checks are carried out for every prospective employee.

Online right to work checks

With effect from 28 January 2019, the Home Office has introduced online right to work checks. These will provide a statutory excuse against a civil penalty in the event of illegal working involving the subject of the check.

The Online Right to Work Checking Service gives employers access to up to date, real time information about migrants’ right to work, making it easier for individuals to prove their rights in the UK.

The online service is voluntary for both employers and individuals and migrants may continue to demonstrate their right to work using the existing document check or the online check.

It will not be possible to conduct an online right to work check in all circumstances, as not all individuals will have an immigration status that can be checked online. Where an online check is not possible, the manual check should be conducted.

Currently, the online checking service supports checks in respect of those who hold:

  • a biometric residence permit;
  • a biometric residence card; or
  • status issued under the EU Settlement Scheme (alternatively, these individuals will continue to be able to demonstrate their right to work by presenting their EU passport or ID card until the end of the planning implementation period)

EEA nationals who have not been granted settled status under the EEA Scheme will still need to demonstrate their right to work through the appropriate documents as now.

For more information see our easy guide on how to conduct an online check.

Documentation (Evidence) Required

All employees need to provide original documentation to evidence their ‘Right to Work’. ‘Right to work’ documentation (described as Asylum & Immigration or “A&I”), differs from what is required for DBS.

If employees change roles within the same school and have no break in service (continuous service) then documentation for right to work previously supplied can be used.

Temporary leave to live and work in the UK

If an employee’s temporary leave to remain expires and they wish to remain/continue working in the UK they are required to apply for renewal of immigration status in good time according to the relevant Home Office guidance. For LEA schools who do not by BCC’s Payroll service the school should liaise with the employee and ensure that the necessary process is completed and necessary paperwork obtained to ensure continued evidence for right to work until new immigration status is received.

Sponsoring Migrant Workers

BCC can only offer sponsorship for schools where we have a statutory responsibility as the Local Education Authority and the schools buys BCC’s Payroll service.

Contact: HR Service Desk 01296 382233 hrservicedesk@buckscc.gov.uk

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