Companies can receive an unlimited fine and sent to jail for 5 years if you know or should have known that you employed someone who doesn’t have the right to work in the UK.
For this reason Orion check the Right to Work status of each and every agency worker who contracts through them. We will request a copy of your identification prior to starting work and then we will meet in person to thoroughly check the identification.
When we check the identification we will be checking:
- the documents are genuine, original and unchanged and belong to the person who has given them to you.
- the dates for the applicant’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 applicant 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 applicant has supporting documents showing why they’re different.
- that a biometric residence permit is valid
A driving licence is not a satisfactory form of identification to prove right to work in UK. The documents that are considered acceptable for demonstrating right to work in the UK are set out in two lists – List A and List B. https://www.gov.uk/government/publications/right-to-work-checklist
Orion have a legal duty to check every workers right to work regardless of name, age, place of birth, race or ethnicity. Orion are legally required to take a photocopy of the document and retain this securely for 2 years after the applicant has finished their employment with Orion.