According to Sterling Talent Solutions’ Background Checks 2018: UK Trends & Best Practices Report almost 50% of employers are failing to screen international candidates whilst 78% of domestic candidates do have checks carried out.
Failing to satisfy the “right to work” check could leave the employer with civil and criminal penalties and sanctions. Failure to comply with such checks cost UK businesses £50m a year.
The main reasons employers are giving for failing to comply with the checks are that it is a lengthy process, that it was expensive and that it appears to be too complicated. Whilst there is no express legal requirement to carry a right to work check, the effect of failing to carry out the check makes it a compulsory. The check in itself requires originals of the documents to be obtained, copied and kept securely. A right to work checklist can be obtained from the gov.uk website, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/378926/employers_right_to_work_checklist_november_2014.pdf
If you would like any further information on the above or advice on how they apply to your business then please contact Tom Evans, Associate Employment & HR.