All employers have a legal obligation to prevent illegal working by completing comprehensive right-to-work (RTW) checks. But it’s a responsibility that sits with the employer, so when it comes to your temporary workers it’s your agency supplier’s problem, not yours, right? Wrong. Whilst the consequences of non-compliance might legally fall on the agency, the reputational damage will hit your business too. Are you confident in your supplier’s RTW processes, or is your brand and the welfare of your temporary workers at risk?
You’ve heard about the statutory excuse – but what exactly is it?
The statutory excuse is a legal defence for employers to avoid civil penalties if they have unknowingly employed someone who does not have the right to work in the UK. By conducting the necessary RTW checks, businesses can establish the statutory excuse.
RTW checks – what you need to know
As a swift response to the COVID-19 pandemic, in March 2020 the Home Office allowed RTW checks to be conducted remotely when in-person meetings weren't feasible. This flexibility was granted until 6th April 2022, followed by a period of leniency which ended on 30th September 2022. Since then, there have been three approved methods for checking an employee’s right to work:
- In-person manual check for original documents
- The Home Office’s online services for verifying right to work statuses
- Identification document validation technology (IDVT) check
And the consequences for non-compliance?
If you’re an employer who is not on top of your RTW checks you could face some hefty penalties. In February this year there were updates to this Civil Penalty Notice process, adjusting how these fines are calculated:
- A first-time offence: if it’s your first slip-up, the fine has jumped from a maximum of £15,000 to £45,000 per illegal worker.
- A repeat offence: for those who’ve had previous breaches, the maximum fine has increased from £20,000 to a whopping £60,000 per illegal worker.
But employing illegal workers isn’t just a civil matter – there’s the possibility of criminal liability too. If an employer knew or had reasonable cause to believe that the worker didn’t have permission to enter or remain in the UK, had overstayed their permitted period of leave, was not allowed to do they type of work they were engaged to complete, or that their documentation was in any way fraudulent, then they could face prosecution, carrying a maximum sentence of five years imprisonment and/or an unlimited fine!
The key takeaway – stay vigilant, make sure all your documentation is in order, and work with a supplier who takes the responsibility as seriously as you do.
Our RTW checking process
We utilise a thorough and multi-faceted approach to ensure all our candidates meet the necessary RTW requirements, including:
1. An IDVT check via identity service provider 'GB Group PLC': The majority of RTW documents (sharecodes and valid passports) are verified through vetting technology by our trusted partner, 'GB Group PLC'. They help us verify documents quickly and securely, so you can be confident everything’s in order without any fuss.
2. A three-step manual check (for documents which cannot be checked digitally):
o Face-to-face verification: when digital checks aren't possible, we ask candidates to drop by our local branches where we’ll review their documents in person.
o Secondary check: our internal compliance team then takes a second look to make sure everything checks out before the candidate starts work.
o Facial recognition technology: we also use facial recognition technology to compare registration photos, RTW document images, and interview images. If the match isn’t clear-cut (below an 80% threshold), our compliance team steps in for a closer look.
Why RTW checks are crucial
RTW checks aren’t just about dodging fines - there are plenty of other great reasons to make them a priority in addition to helping us spot and prevent illegal working in the UK. They:
- Ensure compliance with the GLAA licensing standards.
- Meet our requirements under the Conduct Regulations 2003.
- Are part of processes that mean people working in the UK are less likely to become victims of exploitation.
- Protect both our brand and those of our clients.
- Maintain compliance with many of our audit requirements.
Our performance in numbers
In the past 12 months we have:
- Received 73,000 applications
- Progressed almost 23,000 applications to RTW check:
- 69.7% (15,890) provided a Sharecode.
- 17.5% (3,990) provided a British or Irish Passport.
- 12.7% (2,910) provided other documents and underwent manual checks
- 100% of these applicants completed an interview:
- 52% were interviewed within our branch network.
- 48% completed interviews remotely via video calls.
Catching the imposters
One of the big things we focus on in our RTW process is spotting fraud. And, thanks to our thorough checks, we catch up to 10 imposters trying to register every week. So, you see, being proactive really pays off and helps us protect both ourselves and our clients from the risks of hiring illegal workers.
Here at gap, our meticulous RTW checks do more than just keep you in line with immigration laws – they also protect your business from legal and reputational headaches. By leveraging cutting-edge technology and thorough manual checks, we provide a seamless and secure service that you can trust. Is it time to trust us with your recruitment needs?
For further details on our RTW checking process or to discuss how we can assist your business, please get in touch with our team today.
