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Right to Work

Right to Work checks are a requirement for any employer prior to commencement of service for staff. This is a non-transferrable statutory obligation enforced by the Home Office and carries risk of significant fines and even criminal prosecution if not undertaken appropriately.

The Home Office is the government body responsible for monitoring and enforcing compliance with Act and in cases of non-compliance the employer can face fines and potential criminal convictions with the employer and employee both held responsible. At minimum the checks that should be conducted on Right to Work documents are - viewing originals, attesting to authenticity of those at the time and signing & dating to confirm as such. Whilst most employers will probably leave it at that, it doesn’t account for preventing potential document fraud and forgery so we would always recommend including an MRZ check, Amberhill, and a check of the PRADO database for EEA documents.

Right to Work checks are a fundamental element of screening regardless of whatever other checks you conduct, additional guidance can be found here.

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