Right to work checks

  • Right to work checks

  • Conducting right to work checks

    It is the responsibility of the recruiting manager to carry out right to work checks for all interviewed candidates. Staff across the University may also need to carry out checks for example on casual workers or visitors.

  • All workers. It is essential that assumptions are not made about the nationality of staff based on their name, accent, appearance, or current employment.

    Checks must always be carried out:

    • prior to employment for all staff;
    • when a non-UK national worker is changing jobs (to ensure no restrictions exist) - this does not apply to Irish citizens;
    • when a worker whose visa or other work authorisation is expiring; and
    • at the point when a worker is granted settlement (also called ‘indefinite leave to remain').

    If it is not practical to make a physical check of their documents in advance of their first day, you must ensure that original documents are brought to the HR Recruitment Team on Day One before they commence work.

    • Accept original documents only;
    • Carry out the check with the person physically present
      1. Check photos are consistent with the person’s appearance
      2. Check photos and dates of birth are consistent across all documents
      3. Check for expiry dates
      4. Check for restrictions on work
      5. Where applicable, check reasons for name changes (such as marriage), and that these are supported by documentation, and photocopy that additional documentation
    • Take a copy of the original document (When taking passport copies take a copy of the personal details page, any visa stamps and both sides of any bio-metric cards);
    • Certify (sign) the copy by writing the words ‘The date on which this right to work check was made was’ and include the date together with your signature and name in full;
    • Provide the copy to the HR Recruitment Team so that it can be stored on their personnel file; and
    • Fill the following form downloaded from here: https://www.brookes.ac.uk/human-resources/working-here/forms/ - Eligibility Checklist (word doc) for the appointed candidate and send it the HR Recruitment Team.
    The Home Office maintains a list of the only documents we can accept. It is divided into List A (documents which show a continuous right to remain) and List B (documents which show a temporary right to remain). The lists are available in this document.

    The range of documents that could be presented is wide, so some guidance on their format, content, and things to look out for is available here.

    Bio-metric Residence Permits - Basic Checks to Ensure Authenticity

    • Look at the card carefully - Is it clean and in good condition? Does it look tampered with?
    • Check the Card Number - This is on the front of the card in the top right hand corner. It should start with two letters followed by 7 numbers. The card number should not be raised.
    • Check the Cardholder’s Image - The holder’s image will always be in grey-scale. Check that it matches the person presenting it to you.
    • Check the ‘Tactile Feature’ (on the back) - The back has a raised design incorporating the four national flowers of the UK. The design can be seen by shining a light across the card. You can also feel the raised design by running your finger over it.
    • Feel the card - It should feel thicker than a driving licence. The card will have a distinctive sound when flicked. The card should not be bent or folded.
    • Check that the biographical details (name, date of birth etc.) match the details of the person presenting it to you.

    If you are in any doubt what so ever contact the HR recruitment team who will be able to advise you further.

    For an online right to work check (available in respect of those with a biometric residence permit, a biometric residence card or have status issued under the EU settlement scheme) you will need the job applicant’s date of birth and right to work share code. There are three basic steps to conducting an online right to work check:

    • use the Home Office online right to work checking service in respect of an individual and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question;
    • satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
    • retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.
    There is an easy to use tool to check whether someone has the right to work based on the documentation presented here. Use this service to check a job applicant’s right to work if they’ve given you their share code. If you are at all uncertain contact the HR recruitment team.