Under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2016, Matched Recruiting has a legal responsibility to ensure that all employees have the right to work in the UK. Checks on right to work must be carried out for every person Matched Recruiting intends to employ regardless of their race, ethnicity, or nationality before they begin any work. If we do not comply with our duty to ensure our employees have the right to work in the UK, there are serious penalties for non-compliance.

Policy Overview

This policy sets out the legal requirements for carrying out the following checks on all employees and prospective employees:

  • Identification
  • Right to work checks

It also sets out our requirements when recruiting foreign nationals. It ensures the recruitment process remains fair, inclusive, and non-discriminatory.

We are committed to the provision of employment to local and UK residents in the first instance. We consider the employment of foreign nationals only where there is a specific need to do so. This will be where:

  • The required skills and qualities are not available within the UK
  • Fulfilling the post is essential

For the purpose of this policy, and with effect from 1 January 2021, ‘foreign nationals’ refer to non-UK or Irish citizens or citizens in the European Economic Area (EEA) that have successfully applied for settled or pre-settled status under the EU settlement scheme. The scheme is open to individuals living in the UK on or before 31 December 2020. They have until 30 June 2021 to apply.

Principles

We have a responsibility, by law, to:

  • Comply with immigration legislation
  • Ensure that any migrant workers we employ are eligible to work in the UK

We must check documents of prospective employees before they start work. This provides us with a ‘statutory excuse’ which may avoid financial penalties.

For workers with a time limit on how long they can stay in the UK, we repeat document checks at least once a year. This is so we can retain the statutory excuse protection.

The most severe penalties are for knowingly employing an illegal worker. However, even those who unknowingly employ illegal migrant workers can face severe financial penalties.

To comply with equality laws, we carry out document checks on all employees and prospective employees. We make no presumptions about a person’s right to work in the UK based on their:

  • Background
  • Appearance
  • Accent
  • Race
  • Colour
  • Nationality
  • Ethnic
  • National origins
  • Or, on the length of time they have been in the UK

Data Protection

We must keep right to work documents for the duration of employment plus two years.

Right to Work Procedure

A right to work check must be done irrespective of the length of the engagement or employment contract. A check must be done each time the person is engaged by Matched Recruiting. We cannot reuse previous right to work checks.

Right to Work Checks

Our prospective employees must prove that they:

  • Have permanent entitlement to work in the UK
  • Or, have temporary entitlement to work in the UK

They can provide us with:

  • One relevant document
  • Or, two relevant documents in specified combinations

They must provide us with the original documents.