Can Employers Delegate Right to Work Checks?

Manual verification of the right to work can be delegated to members of an employer's staff, but the employer will still be responsible for any civil penalty in the event that an employee is found to be working illegally and for the prescribed check.

Can Employers Delegate Right to Work Checks?

Manual verification of the right to work can be delegated to members of the employer's staff, including workers on loan from the employer and who work under its control. However, the employer will still be responsible for any civil penalty in the event that the person is found to be working illegally and for the prescribed check. It is important for employers to understand their legal obligations when it comes to verifying the right to work of their employees. This includes ensuring that all necessary checks are carried out and that any potential issues are addressed in a timely manner.

The UK government has set out a number of requirements for employers when it comes to conducting right to work checks. These include obtaining original documents from the employee, such as a passport or residence permit, and checking that these documents are valid. Employers must also keep copies of these documents on file and update them as necessary. In addition, employers must also ensure that they are aware of any changes in an employee's right to work status.

This includes any changes in their immigration status or any changes in their eligibility for employment in the UK. When it comes to conducting right to work checks, employers have the option of delegating this responsibility to members of their staff. This can be beneficial as it allows employers to focus on other aspects of their business while still ensuring that they are compliant with the law. However, it is important to note that even if an employer delegates this responsibility, they will still be held responsible for any civil penalty in the event that an employee is found to be working illegally and for the prescribed check.

Therefore, it is essential that employers ensure that any staff members who are delegated this responsibility are adequately trained and understand their legal obligations. In summary, employers can delegate the responsibility of conducting right to work checks but they will still be held responsible for any civil penalty in the event that an employee is found to be working illegally and for the prescribed check. It is therefore essential that employers ensure that any staff members who are delegated this responsibility are adequately trained and understand their legal obligations.