As an employer, ensuring your workforce has the legal right to work in the UK is a non-negotiable responsibility. With the UK government’s Right to Work share code system, verifying an individual’s eligibility has never been easier. This guide walks you through what you need to know about using share codes and staying compliant.
What is a Share Code
The Right to Work share code is part of the UK’s online service for checking an individual’s immigration status. It allows employees to share digital proof of their right to work. This system is particularly relevant for:
- EU, EEA, and Swiss citizens under the EU Settlement Scheme
- Individuals with Biometric Residence Permits or Biometric Residence Cards
- Those with specific visas or immigration statuses
As an employer, you’re required to verify an applicant’s share code to confirm their eligibility to work in the UK. The share code system eliminates the need for physical documents in many cases, making the process faster and more secure.
How to Check a Share Code
Follow these simple steps to conduct a compliant Right to Work check using the share code system:
Step 1: Obtain the Share Code
Ask the employee or job applicant to provide their Right to Work share code and their date of birth. The share code is generated by the individual through the government’s Prove Your Right to Work service and is valid for 30 days.
Step 2: Verify the Code Online
- Access the Online System: Use the Right to Work Check portal provided by the UK government.
- Enter the Required Details: Input the share code provided by the applicant along with their date of birth.
- Review the Information: Verify the individual's name, photo, and Right to Work status, including any work restrictions.
Step 3: Record Your Check
- Save a Copy: Retain evidence of the check by saving a copy of the online result.
- Ensure the date of the check is recorded. Keeping a dated copy helps demonstrate compliance with the law.
- Store the records securely, adhering to GDPR guidelines.
- Check Expiry Dates: If the individual has a limited right to work, note the expiry date and set reminders for follow-up checks.
By following these steps, you can ensure your business remains compliant and avoids any legal penalties.
Why Is This Important?
Conducting Right to Work checks is a legal requirement for all employers in the UK. Failure to comply can lead to severe penalties, including:
- Fines of up to £60,000 per illegal worker
- Criminal charges for knowingly employing someone without the right to work
- Reputational damage to your business
Using the share code system ensures your checks are accurate, up-to-date, and compliant with UK regulations.
Common Employer Pitfalls
To avoid costly mistakes, keep the following in mind:
- Verify the Code: Never accept a share code without completing the online check.
- Check the Details: Ensure the information displayed matches the individual’s personal details and job role.
- Understand Restrictions: If the individual has limitations on their working hours or specific job roles, ensure their employment complies with these restrictions.
- Conduct Timely Checks: Perform checks before the individual starts working and follow up on any work status expiration dates.
How Crystal HR & Payroll Can Help
Managing compliance with Right to Work checks can feel overwhelming, especially when combined with other HR responsibilities. At Crystal HR & Payroll, we offer expert guidance to simplify the process and keep your business protected.
Our team can:
- Conduct Right to Work checks on your behalf
- Provide training on using the share code system
- Offer ongoing HR compliance support tailored to your needs
Get in touch with Crystal HR & Payroll today to learn how we can take the stress out of compliance, allowing you to focus on growing your business.
Further Reading
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