Introduction: In the dynamic landscape of the construction industry, adhering to legal regulations is paramount. One crucial aspect that demands meticulous attention is the verification of an individual’s right to work in the UK. Failure to conduct or execute this process correctly can have severe consequences, including substantial fines. In this blog post, we will delve into the significance of right to work checks, the legal framework surrounding them, and how The Infinity Group can streamline this crucial process for contractors.
The Legal Landscape: Right to work checks are mandated by Sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006, Section 24B of the Immigration Act 1971, and Schedule 6 of the Immigration Act 2016. The law emphasises that employers may face civil penalties if they employ individuals without the legal right to work. Ensuring compliance with these regulations is not just a legal obligation but also an ethical responsibility.
Penalties for Non-Compliance: The penalties for failing to conduct proper right to work checks are substantial. Employing individuals without the right to work can result in fines of up to £20,000 per illegal individual. Beyond the legal ramifications, non-compliance can lead to the exploitation of vulnerable individuals, undercutting of compliant businesses, negative impacts on lawful workers’ wages, tax evasion, and breaches of the national minimum wage.
Who Needs a Right to Work Check? To prevent discrimination, all individuals, regardless of race, gender, age, nationality, or residence status, require a right to work check. Additionally, if an individual’s right to stay in the UK is limited, follow-up checks must be carried out to ensure ongoing compliance.
Methods of Right to Work Checks:
- Manual Right to Work Check:
- In-person verification of physical appearance against provided ID and documents.
- Documents must be verified, copied, and securely retained for records.
- Digital Right to Work Check:
- Remote verification via a verified digital identity service provider.
- Initial digital check followed by a visual follow-up check when the individual reports for work.
- Home Office Online Right to Work Checks:
- Online check using Home Office online service with specific documentation.
- Requires a share code obtained by the individual for verification.
When to Conduct Right to Work Checks: Right to work checks should be conducted at the job offer stage or before engaging with self-employed subcontractors. Failure to do so may result in hiring illegal individuals, leading to severe penalties.
The Infinity Group provides a secure online platform for right to work checks, simplifying the process for contractors. The platform allows individuals to submit their ID documents and a selfie for quick and efficient verification. Results are promptly provided, and all documentation is securely stored, accessible 24/7. Our streamlined approach saves contractors time, reduces administrative burden, and ensures compliance with right to work regulations.
Conclusion: In the construction industry, where regulatory compliance is non-negotiable, right to work checks stand out as a critical process. The legal and ethical responsibilities associated with these checks require contractors to adopt reliable and efficient solutions. The Infinity Group’s online platform emerges as a valuable ally, offering a seamless process that not only saves time and resources but also safeguards against potential legal repercussions.