Can Right-to-Work Checks be Outsourced? Everything You Need to Know
Ensuring your employees have the Right to Work (RTW) in the UK is a legal requirement. Processing them correctly ensures you’re protecting your business from fines, legal consequences, and reputational harm.
With recent advancements in the realm of digital identity, many people are starting to investigate outsourcing identity and RTW Checks to streamline their recruitment process. But with penalties of up to £45,000 for non-compliance, it’s essential to know exactly where you stand when it comes to RTW Checks and whether they can be outsourced.
In this article, we’ll walk you through the key things every UK employer needs to understand about RTW checks and how to stay compliant if you do decide to outsource them.
What Are Right-to-Work Checks?
Right to Work checks are mandatory checks that UK employers must carry out before hiring someone to ensure that individual is legally permitted to work in the UK. These checks confirm that employees, whether they’re British citizens, EU nationals, or individuals from outside the UK, meet the legal standards required to work in the country.
RTW checks typically involve the verification of identity documents, such as passports or biometric residence permits, and can be conducted manually or digitally using Identity Service Providers (IDSPs).
Why Are Right-to-Work Checks Important?
The primary purpose of RTW checks is to prevent illegal working, which can lead to exploitation, unfair wages, and even severe consequences such as modern slavery. Failure to carry out these checks properly could result in civil penalties of up to £45,000 per illegal worker (£60,000 for repeat offences), criminal prosecution, or worse, irreparable damage to your company’s reputation.
Who Needs a Right to Work Check?
RTW checks must be conducted on every employee you hire, whether they are full-time, part-time, or temporary workers. This includes UK nationals, EU citizens, and individuals from outside the UK.
Key groups that require checks include:
British and Irish nationals (typically through a passport check).
EU citizens who applied through the EU Settlement Scheme.
Non-EEA citizens who require a visa or biometric residence permit.
It’s also worth noting that if you’re hiring someone without a UK passport, a share code will be needed for online verification.
Can you outsource RTW Checks?
We understand that RTW Checks can often feel like a bit of a tickbox exercise. If you can outsource the task, it would save masses of time in your recruitment.
But is it legal to outsource RTW Checks?
Yes, outsourcing Right to Work (RTW) checks is entirely legal in the UK! However, there are some caveats.
Employers retain liability for ensuring the individual being checked has a legitimate right to work in the UK, even if the checks are facilitated by third-party providers.
The legal requirement is that checks are conducted correctly and in line with the UK Home Office guidelines, ensuring all employees are eligible to work.
When outsourcing RTW checks, employers need to make sure that their chosen provider is using approved methods, such as government-approved identity verification systems or following the Home Office’s guidance on using share codes for non-UK nationals.
Compliance with GDPR and data protection laws is also critical when outsourcing any form of personal data verification.
The Benefits of Outsourcing Right-to-Work Checks
Time Efficiency
Conducting RTW checks manually can be time-consuming, especially for larger organisations or those with a high turnover rate. Outsourcing the process to a provider like Personnel Checks allows you and your team to focus on other critical tasks while ensuring you remain compliant.
Improved Accuracy and Compliance
Outsourcing RTW checks ensures that each check is carried out in line with the most up-to-date legal requirements. Providers specializing in these services are more familiar with the latest compliance standards, including the nuances of checking non-UK nationals or using digital identity services.
Minimised Risk of Penalties
The consequences of non-compliance can be severe, with fines of up to £45,000 per illegal worker. By outsourcing RTW checks, businesses reduce their risk of fines and other legal repercussions, as professional services help ensure that checks are conducted accurately and documented correctly.
Digital Verification Capabilities
Outsourced providers often offer digital verification solutions, which make the process faster and more streamlined. For British and Irish nationals, digital checks can be done quickly using online identity verification platforms, while non-UK nationals can be checked using share codes, all integrated into the same process.
Audit Trail and Record-keeping
Outsourcing RTW checks often comes with additional benefits like a clear audit trail. This is crucial for compliance and for when businesses need to prove that the checks have been carried out correctly. A third-party provider can store all RTW documentation securely and ensure it’s readily available for audits or inspections.
Cost Efficiency
Managing RTW checks in-house may seem cost-effective, but the risks of getting it wrong can outweigh the initial savings. By outsourcing, businesses avoid potential fines, save on administrative costs, and reduce the workload on HR teams.
Register with Personnel Checks today and you could benefit from all the above in your recruitment process. With our seamless digital verification solutions, you can rest assured that every check is accurate, timely, and fully aligned with Home Office guidelines. From improved efficiency to a clear audit trail, outsourcing your RTW checks just makes sense.
Ready to streamline your compliance? Get in touch with our sales team today at 01254 355688 or email sales@personnelchecks.co.uk to learn more!