Right to Work

Before hiring a new Personal Assistant (PA), you must confirm that they are legally entitled to work in the United Kingdom.

This applies to all PAs you employ, regardless of their nationality, and you should not assume that someone has, or doesn’t have, the right to work in the UK. 

For more detailed information on how to check an individual’s right to work, you can visit the UK Visas and Immigration (UKVI) website at: www.gov.uk/check-job-applicant-right-to-work. 

Each new PA you employ must prove their right to work by providing specific documents, such as their passport, or by completing an online check. 

When conducting these checks, you must ensure that you do not discriminate based on race, colour, ethnic background, or national origin. 

If you employ someone who is not legally allowed to work, you could face an unlimited fine or even imprisonment. This includes employing someone you knew or reasonably believed did not have the right to remain or work in the UK, had an expired visa, was restricted from doing certain types of work, or had fraudulent or incorrect documents.

It is a criminal offence to knowingly hire someone without the right to work in the UK. 

For more information on the civil and criminal penalty system, visit: https://www.gov.uk/penalties-for-employing-illegal-workers. 

This can be completed easily for UK and Irish citizens who can use their passport as proof of right to work. A manual check can also be completed for individuals if they are not able to share their right to work information with you online. 

Many individuals can now share their right to work online. This includes those with access to their immigration status information (eVisa) and holders of biometric residence permits and cards. 

An online right to work check is necessary for individuals with an eVisa, which applies to most EU citizens, including those with settled or pre-settled status, as well as some other nationalities who have recently moved to the UK under the points-based immigration system. 

To complete this, you will need the PA’s date of birth, their right to work ‘share code,’ and the website www.gov.uk/view-right-to-work.

- Ensure that the person’s photograph matches their appearance, and the date of birth is correct.

- Documents must be checked in the applicant's presence to confirm their validity. 

- Verify that the documents are original, valid, and genuine (and consistent with the details provided on the application form), with no discrepancies or signs of tampering. 

-Confirm that any relevant expiry dates have not passed. 

- Ensure any UK Government stamp indicates that the holder is permitted to carry out the type of work being offered, including any restrictions on the number of hours they can work. 

- If employing a student, they should provide proof of their study and vacation periods. 

- If two documents show different names, the PA must provide supporting evidence, such as a marriage certificate or divorce decree, to explain the difference. 

- Make a photocopy of the documents you have fully reviewed. 

- Record the date of the check on the photocopy 

- Retain these copies throughout the individual’s employment and for two years after they leave your employment.

- Store them securely in a locked file alongside the employee’s personnel sheet, employment contract, etc. After this period, securely dispose of the documents.