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FEATURE


THE IMPORTANCE OF RIGHT COMPLIANCE


As we draw closer to another Brexit deadline with no deal still firmly on the table, there is a pressing need to ensure that Right to Work checks are efficient and effective in any organisation that hires from abroad, says Mike Boxall, MD at Sitemark.


All employers have a legal responsibility to ensure job applicants have a right to work (RTW) in the UK before that person is hired. There won’t be changes in EU RTW checks until December 2020, giving businesses a chance to ensure a watertight process is in place. The traditional way to handle these checks is manually, but with the time and resources these checks take, many technological alternatives have been developed.


“Provision of a statutory excuse if something does go wrong is the ultimate test of any RTW check.”


Employing someone that a business knows or has ‘reasonable cause to believe’ doesn’t have the right to work in the UK can result in an unlimited fine and up to five years in prison. Even if these checks are carried out but done so improperly and the employee does not in fact have the right to work, penalties can include a fine of up to £20,000 per illegal worker without a statutory excuse; loss of trading licence; loss of sponsorship licence; and being placed on the government’s public ‘name and shame’ list.


44 | TOMORROW’S FM


With heavy penalties and a crowded marketplace of RTW systems, it can be difficult for businesses to know where to begin in selecting the right one.


A best-in-class solution uComply offers a range of RTW solutions that are designed to help clients with their onboarding process. Sitemark was hired to independently assess and benchmark the products. In doing so, we aimed to determine:


1. What are the minimum requirements of a RTW system? 2. What are the ‘best-in-class’ elements of a RTW system? 3. Does the uAuthenticate App deliver them?


The assessment was conducted after reviewing Home Office guidance, a number of competitor solutions, user testing and existing client feedback.


Results In response to the assessment, Sitemark identified 12 key areas it considers a minimum requirement in order to be considered a ‘best-in-class’ RTW solution.


Key to any RTW check is that the process is followed properly, ensuring that if any mistakes are made, the organisation will be provided with a statutory excuse. The process itself, though relatively simple, is time-consuming and has some grey areas which can complicate things for employers


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