The concept of the “right to work” in the UK pertains to the legal permission granted to individuals, allowing them to undertake employment within the UK. This right is subject to various rules and regulations designed to ensure that only those who meet specific criteria are eligible to work. Understanding these criteria is essential for both employers and employees to ensure compliance with UK immigration and employment laws.
Who Has the Right to Work in the UK?
British Citizens: Individuals who hold British citizenship automatically have the right to work in the UK. This includes people born in the UK as well as those who have obtained citizenship through naturalization or descent.
EEA and Swiss Nationals: Nationals of the European Economic Area (EEA) countries and Switzerland previously enjoyed the right to work in the UK without restrictions. However, following Brexit, this has changed. EEA and Swiss nationals who were resident in the UK before the end of the transition period (31 December 2020) can continue to live and work in the UK, provided they have applied for and obtained settled or pre-settled status under the EU Settlement Scheme.
Non-EEA Nationals: Individuals from outside the EEA and Switzerland generally require a visa to work in the UK. There are several types of work visas, including but not limited to:
- Skilled Worker Visa: For individuals with a job offer from a UK employer with a sponsorship license. The job must meet the skill level and salary requirements.
- Intra-Company Transfer Visa: For employees of multinational companies who are being transferred to the UK branch.
- Temporary Worker Visa: For short-term work placements in specific sectors, such as charity work, creative arts, and sports.
Employer Responsibilities
UK employers have a legal obligation to ensure that their employees have the right to work. Failure to do so can result in significant penalties, including fines and, in severe cases, imprisonment. Key responsibilities include:
Right to Work Checks: Employers must conduct right to work checks before employing a new staff member. This involves verifying the individual’s identity and their documentation proving their right to work in the UK. Acceptable documents include a British passport, a settled or pre-settled status confirmation for EEA and Swiss nationals or a valid work visa for non-EEA nationals.
Record Keeping: Employers must keep copies of the documents they have checked. These records should be stored securely and be readily accessible for inspection by authorities if required. Such records can be kept as part of user profiles in induction training platform.
Ongoing Compliance: Employers should be aware of the visa expiry dates and any changes in the immigration status of their employees. They must ensure that their employees continue to have the right to work throughout their employment period.
Penalties for Non-Compliance
Employers who fail to comply with right to work regulations face severe penalties, which may include:
- Fines: Employers can be fined up to £20,000 for each illegal worker found to be employed without the right to work.
- Criminal Charges: In cases of intentional and repeated non-compliance, employers may face criminal charges leading to imprisonment.
- Loss of Sponsorship License: Employers who hold a sponsorship license to employ non-EEA nationals risk losing this license, which would severely impact their ability to hire skilled workers from abroad.
Recent Changes and Future Developments
The UK’s immigration landscape has undergone significant changes in recent years, particularly due to Brexit and the introduction of a new points-based immigration system. Employers and employees must stay informed about these changes to ensure compliance.
EU Settlement Scheme: EEA and Swiss nationals who were living in the UK before 31 December 2020 must have applied to the EU Settlement Scheme to continue living and working in the UK. The deadline for applications was 30 June 2021, but late applications may still be accepted in certain circumstances.
Points-Based System: The new points-based immigration system, introduced in January 2021, requires non-EEA nationals to accumulate points based on criteria such as job offer, skill level, salary, and English language proficiency to be eligible for a work visa.
Final Words
The right to work in the UK is a fundamental aspect of immigration and employment law, ensuring that only those legally permitted can undertake employment. Employers must rigorously adhere to the right to work checks and maintain compliance to avoid severe penalties. As immigration policies continue to evolve, staying informed and proactive is crucial for both employers and employees to navigate the complexities of the UK’s right to work regulations.