Can an employer refuse to employ a foreign national because of the effort involved in ensuring that they have a right to work in the UK? Sponsorship, Employer and Education helpline Check a job applicant's 'right to work' documents. More experience than what you're looking for. Level of education. What steps must an employer take to ensure that a job applicant has the right to work in the UK? Next, know your desirable criteria. Email:, Part of the Government-supported growth hub network. From 28 January 2019, as an alternative to checking the employee's documents in person, the employer may be able to use the Home Office online right to work checking service. You must check that the documents are valid with the worker present. © Copyright 2016 by CWLEP GrowthHub. Given that many job-hunters apply to more than one job, and often get more than one offer, you want your business to stand out as a worthy place to work. By continuing to browse the site you are agreeing to our use of cookies. You know your criteria. With the interviews done, it's time to whittle your shortlist down to the winning candidate. Is it an offence to employ a foreign national who is subject to immigration control? They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. What essential criteria does a person need to do this job? Discriminatory advertising is illegal. The Equality Act 2010 states that discrimination in recruitment and selection of employees is illegal. Your job application letter is an opportunity to highlight your most relevant qualifications and experiences. Don't use language that could restrict anyone from applying. Ready to join over 10,000 small companies loving BrightHR? Does the Immigration, Asylum and Nationality Act 2006 apply to the employment of all non-UK citizens? This site uses cookies. The first thing you need is an ad that lures the talent to you. Hiring effectively goes beyond finding and choosing the right candidate. Updated document. You must see the worker’s original documents. Your letter should detail your specific qualifications for the position and the skills you would bring to the employer. You must not discriminate against anyone because of their race. So it's up to you to make sure that your business does not discriminate against anyone when you're hiring new staff. Please press Ctrl/Command + D to add a bookmark manually. Use this sample letter to develop your own letters to tell anxious applicants that you have received their application and resume. Before a new recruit begins work, the employer must check that they have the right to work in the UK., Application questions if you’re an educational provider or Tier 4 sponsor, Educators helpdesk Access the Coronavirus Job Retention Scheme, Documentation acceptable as proof of right to work in the UK - indefinite right to work in the UK (list A), Documentation acceptable as proof of right to work in the UK - limited right to work in the UK (list B), Proof of right to work in the UK - copying of documents requirements. Here is a sample application response letter for the applicants who apply for your open positions. Make a shortlist of all the applicants you're going to interview. Make sure you only focus on how well they suit the job criteria. Around two thirds of…, Recruiting is always a difficult process—for any business, regardless of size, annual income, or number of employees. Use our new online tool to navigate the complex process of redundancy, Helpful blogs, articles, reports, infographics and much more, If you or any member of your team are having issues we are always here to help. You must check that the documents are valid with the worker present. You have to do further checks if the person has restrictions on their right to work in the UK. Well, it’s pretty simple. Decide what the job role needs from your applicants. It's good practice to let an applicant know that you won't be making them an offer. Bright HR Limited is authorised and regulated by the Financial Conduct Authority for the sale of non-investment insurance contracts. So, don't ask a woman if she's pregnant. Membership in a group or union that could give them added knowledge or skill. Checking eligibility to work in the UK (Managing the process following a selection decision), Letter asking a job applicant to provide evidence of their right to work in the UK, Letter withdrawing an offer of employment because a job applicant has failed to provide evidence of their right to work in the UK. When you fail to acknowledge your job candidates' applications, you fail your first step as a potential employer. Think about: Fluency in a particular language. Before a new recruit begins work, the employer must check that they have the right to work in the UK. Here's our complete guide to selecting candidates. The right to work in the country. A person doesn't need the following to do the job, but having them could help: Rejecting and progressing applicants based on the essential and desirable criteria listed above is fine. BrightHR is smart software that transforms your people management. Coronavirus Outbreak Information and Updates, Coventry & Warwickshire Business Festival, guidance on preventing illegal working in the UK, West Midlands Mayor hails regional success story after visiting business in Coventry, New COVID-19 Testing Centre opens in Leamington Spa, Joint Press statement from the Leaders of WDC & SDC: New Waste Contract Proposals, Coventry & Warwickshire FSB Set to Deliver the Peer Networks Programme, the documents are genuine, original and unchanged and belong to the person who has given them to you, the dates for the worker’s right to work in the UK haven’t expired, photos are the same across all documents and look like the applicant, dates of birth are the same across all documents, the person has permission to do the type of work you’re offering (including any limit on the number of hours they can work), for students you see evidence of their study and vacation times, if 2 documents give different names, the person has supporting documents showing why they’re different, eg a marriage certificate or divorce decree, make a copy that can’t be changed, eg a photocopy, for passports, copy any page with the expiry date, applicant’s details (eg nationality date of birth and photograph) including endorsements, eg a work visa or Certificate of Entitlement to the right of abode in the UK, for biometric residence permits, copy both sides, for all other documents you must make a complete copy, keep copies during the worker’s employment and for 2 years after they stop working for you, you’re reasonably satisfied that they can’t show you their documents because of an outstanding appeal or application with the Home Office, they have an Application Registration Card, they have a Certificate of Application that is less than 6 months old. The materials and information included in the XpertHR service are provided for reference purposes only. Record your reasons for choosing your successful applicant. Monday to Thursday, 9am to 5pm Many Application Registration Cards and Certificates of Application don’t allow the person to work. Already a BrightHR customer? Check a job applicant's eligibility to work in the UK Key points. But you need to follow current UK employment laws to avoid any…, Recruitment techniques are always evolving, and the Internet has significantly changed the landscape in recent years. If you lose an…, External recruitment lets you assess a deeper pool of talented candidates for the job you need to fill. And you should do so in a positive way. For example, if a candidate doesn't shake your hand, don't take offence. And a person doesn't need to have all nine. Reed Business Information Limited trading as XpertHR is an Appointed Representative of Markel International Insurance Company Limited trading as Markel Legal Expenses Insurance which is authorised and regulated by the Financial Conduct Authority. Contact the Home Office if you need more help. Your ad is out there. Is it permissible to employ an asylum seeker? For example, what adjustments could you make to your workplace or their workstation for them to be successful in their role if they accept the offer? If someone doesn't tick all of these boxes, you don't need to include them in your shortlist. What essential criteria does a person need to do this job? You must check that a job applicant is allowed to work for you in the UK before you employ them. We've talked in our other guides about the best external recruitment methods. Under the Equality Act 2010, you must treat everyone with fairness, respect, and dignity. And now you're getting CVs. A lot of work needs to happen behind the scenes to ensure candidates move quickly and smoothly through the hiring process and have a positive experience. Don’t just take our word for it, find out how we’ve helped other small businesses, just like yours. Don't forget, your applicants are interviewing you, too. Speaking a second language to a passable standard. All Rights Reserved. As long as you've done your recruitment properly, your reason(s) will relate to how they stacked up against your criteria. Steps to find the right job candidates. The employer must check and copy either one document, or two documents in a defined combination, from one of the two lists. After someone answers your set questions, feel free to ask them follow-up questions that are unique to their answer. It can also help them if you give them some feedback on why they didn't make the cut. You must make and keep copies of the documents and record the date you made the check. For example, if you're hiring someone to work in a refuge for victims of domestic violence, you might seek applicants of the same sex as the victims. Telephone: 0300 123 4699 You must see the worker’s original documents. Constructive feedback about what they lacked, or how they can improve, will help them with their future job hunt. Don't ask her if she plans to have children. 26 November 2014. Here are 8 key steps that will help you find job candidates easier and faster: 1. There are two lists specifying documents that are acceptable as proof of an individual's eligibility to work in the UK. Find out about call charges. But rejecting somebody due to any of the following is discrimination: Everyone has a different makeup of these characteristics. discrimination due to maternity or pregnancy, illegally discriminating against him because of his nationality. Knowledge of, or skill in, a role. When you're hiring, you want to interview the best applicants out there. Today, if you want to find job candidates, you need to build a strong Employer Branding strategy to attract high-quality applicants for hard-to-fill roles. The "occupational requirements" exists for when the nature of a job acts as a reason for choosing one person over another based on their protected characteristics. New Right to Work checklist in line with legislation change, added. Don't assume anything because of certain actions or behaviours. For example, "barmaid" suggests that men can't apply. You might find that a year later when they apply for a new vacancy, they're more experienced and ready for the role. With an inclusive recruitment policy, you'll get more high-quality CVs coming in. How can employers avoid race discrimination when taking steps to guard against illegal working? Discover the power of our expert insight, trusted resources, data analysis and practical tools today. You’ll have to make additional checks on your worker if they have a limited right to work in the UK. When you ask questions to assess essential criteria, you should ask the same questions of all candidates. What's the best way to write a letter to apply for a job? Don't do it and you'll save yourself from paying a hefty fine. Friday, 9am to 4:30pm Another way to soften the blow of rejection after you've given them feedback is to invite them to apply for future vacancies.