Right to work policy, procedure and guidance
The University is legally required to establish that every employee or worker is eligible to work in the UK before they start working for us. This is achieved by obtaining, checking and retaining copies of valid right to work documents before employment begins.
1.1 The right to work policy is in place to ensure the University does not employ workers illegally, and complies with the requirements of the Immigration, Asylum and Nationality Act 2006.
1.2 It is illegal to employ someone who we know does not have the right to work in the UK.
1.3 The University can be penalised if we employ someone without the right to work in the UK and we did not do the correct checks. Under Home Office regulations the University could be fined up to £45,000 per worker if we employ someone who is not eligible to work in the UK, and £60,000 for repeat breaches.
1.4 Performing a right to work check establishes a continuous statutory excuse for the duration of the person’s employment, or a time-limited statutory excuse for an individual with temporary right to work in the UK, and this protects the University from a civil penalty in case of a breach.
1.5 The University is a recognised UKVI sponsor, and this allows us to sponsor the visas of eligible international staff and students. The Home Office has the power to revoke, downgrade or suspend our license if we are found to be in breach of our sponsor duties. This would prevent the University from recruiting overseas nationals or offering places to overseas students, and could impact all current sponsored individuals at the University, who may be required to leave the UK as a result.
2.1 The following employees and workers must have a verified right to work check before they can start working at the University:
- Any employee undertaking either paid or unpaid work
- Casual and temporary workers
- Some Honorary appointees ( e.g. if they undertake unpaid work or visit the UK and require a visa)
- Student visa holders
- Work experience candidates over the age of 16
- Supernumerary researchers/academics sponsored under the Temporary Worker route by the University of Exeter
3.1 Under no circumstances should an individual start work in the UK and at the University before their right to work evidence has been verified. There are no exceptions to this.
3.2 To avoid discrimination, assumptions must not be made about an individual’s right to work or immigration status. Document checks should be undertaken for all new employees.
3.3 Visa conditions should be checked to ensure the right to work relates to the work the employee or worker is engaged to do.
3.4 Individuals on a time-limited visa may require a new right to work check before they can accept a different or additional role at the University, or before they can accept extra hours or an extension to their contract.
3.5 Student visas include a limit on the number of working hours which can be worked, and the University can be penalised for exceeding this limit.
3.6 Unpaid visitors are unlikely to require a right to work check unless their visit is for 30 days or longer. The Faculty or Service is responsible for checking permissions, including the individual’s right to travel to the UK, and contacting HR for further advice if required.
3.7 Volunteers will not require a right to work check unless they are undertaking essential work for the University that could be classified as unpaid work.
3.8 Work experience candidates over 16 are not volunteers and will require a right to work check.
3.9 Honorary appointees who undertake paid or unpaid work, or visit the UK on a Visa, may require a right to work check.
3.10 The University is not required to undertake right to work checks for agency workers, self-employed workers or contractors.
4.1 Right to work checks are carried out in person whenever possible, although in certain cases we may use an online third-party checking service or go through an Identity Service Provider, depending on the documents provided.
4.2 A manual right to work check is carried out in person by checking original identity documents and photo ID for true likeness and to confirm it is a genuine document. For more detailed information please see our webpages about Right to work documents and the Home Office List of acceptable documents.
4.3 For holders of valid British and Irish passports (non-visa holders) who are unable to attend an in-person check, the University uses an external Identity Service Provider to conduct an online check. The provider will contact an individual by email with instructions on how to upload copies of ID documents and a photograph, to complete the right to work check.
4.4 For visa holders (Skilled Workers, Global Talent, EU Settlement Scheme, Students, Indefinite Leave to Remain etc.) working remotely, we can verify checks virtually using the Home Office online checking service. The individual will need to obtain a share code and provide this to the University HR team who will then complete the online check.
4.5 If a visa holder is unable to show documents to confirm their immigration status (e.g. they have an outstanding application with the Home Office), the University will carry out a Home Office Employer Check to obtain a positive verification notice. This check will need to be completed either before an individual can start work (new staff) or carry on working (existing staff).
4.6 Additional checks are required for student visa holders, and there are also restrictions on the hours they are permitted to work and the types of employment they can accept. For more detailed information please see our webpage Proof of right to work: Information for students.
4.7 Please refer to the HR team for support and advice with the right to work checking processes.
5.1 All employees and workers must have completed a right to work check before they start working for the University.
5.2 If an individual is re-employed after a break, however short the duration, they must have a new right to work check, even if they undertook a check relating to their previous employment.
5.3 The requirement to check right to work before employment starts applies to both British and overseas nationals working in the UK.
5.4 Individuals on a time-limited visa will require a new check prior to the expiry date of their visa/right to work permission.
5.5 If an individual changes jobs, takes on a second job or works additional hours, it will be necessary to check for any visa restrictions preventing them from undertaking the work in question.
5.6 Where a sponsored worker is moving to a new job that requires a new visa, the new visa must be obtained and verified before work commences.
6.1 The individual’s start date must be rescheduled if right to work has not been checked by the first day of employment. The HR team at humanresources@exeter.ac.uk can provide support and advice with this.
6.2 Any work undertaken by an individual before their right to work check is completed is a potential breach of the UK immigration legislation and should be reported immediately to the HR team at humanresources@exeter.ac.uk .The individual will not be paid for any work undertaken prior to their right to work check being verified.
6.3 The University must conduct its own right to work check for each employee or worker and cannot accept a right to work check that has been completed by another employer.
6.4 If the check cannot be completed because the individual is not eligible to work in the UK, please check our Immigration webpage for further support: https://www.exeter.ac.uk/staff/employment/righttowork/immigration/
6.5 The HR team should be alerted immediately if a sponsored worker currently employed at the University has a visa that is about to expire, and an extension or new visa has not yet been obtained. If the individual cannot present evidence of right to work because they have an outstanding visa application with the Home Office, a Home Office Employer check will be carried out and a positive verification notice will need to be obtained before work can commence or continue.
7.1 It is a criminal offence to knowingly employ illegal migrant workers. If right to work checks are not completed, the University risks breaking the law, having to pay a civil penalty and having its sponsor license, downgraded, suspended or revoked.
7.2 Failure to follow this policy may lead to disciplinary action against the manager or individual(s) responsible for allowing someone to work without checking their right to work.
7.3 If someone is found to be working without the correct right to work this may result in their employment being ended and may also result in civil penalties.
7.4 If an individual is found to be working without the right to work in the UK, this should be reported immediately to Human Resources at humanresources@exeter.ac.uk.
8.1 Everyone should adhere to this policy and the legal requirements governing right to work and ensure that they do not allow themselves or others to work for the University without undertaking the appropriate work checks prior to the work commencing.
8.2 Leadership teams of Faculties and Services are responsible for upholding this policy and ensuring their teams are informed and compliant with right to work procedures.
8.3 Managers are responsible for ensuring right to work checks have been carried out for their team members (including any workers or appointees listed in Section 2 above), in line with this policy. Any issues should be dealt with in a timely manner to ensure the University is fully compliant with right to work legislation, and any breaches must be reported immediately to the HR team.
8.4 Staff including anyone undertaking work at the University, must be aware of the requirement to provide evidence of their eligibility to work in the UK prior to their start date. Staff should not begin any work until they have received confirmation that their right to work check has been completed. Staff are also responsible for making their manager or HR team aware of any changes to their right to work status.
8.5 Human Resources is responsible for keeping the policy and guidance up to date, providing advice to managers and staff, supporting right to work checks and recording and confirming details, and managing and escalating potential breaches.