Right to Work Checks – Description

1.  PURPOSE AND SCOPE

This document describes the right to work checks which may be provided as part of Fourth’s applicant tracking solution. It should be read in conjunction with Fourth’s Subscription Agreement, of which this Right to Work Checks – Description forms part. Words and expressions used in this document and not otherwise defined shall have the meanings given to them in the Subscription Agreement.

2. ACCESSING AND USING THE SERVICE

2.1 RTW Checks can be accessed through the Fourth Solution known as ATS.

2.2 The RTW Check service guides the Customer to upload images of documents presented by prospective employees to demonstrate their Right to Work in the UK. This can be done by attaching a previously scanned image from a file location on your computer or network or, when using the app, you will have the option to take a photograph using the device camera. You are then prompted to answer statutory Right to Work compliance questions. Both the documents and questions are as set out in the Home Office Right to Work Checklist. This information is then uploaded to Fourth’s third party provider to be checked.

2.3 Documents and statutory questions are analysed for compliance, to provide one of the following outcomes relating to an employee’s right to work:

2.3.1 continuous statutory excuse for the full duration of the person’s employment with the Customer and no further checks are required;

2.3.2 time-limited statutory excuse which expires when the person’s permission to be in the UK expires. A follow up check will be required before expiry. Any Work restrictions which apply will be notified; and

2.3.3 rejected due to incorrect, invalid or illegible documentation being provided or because answers to statutory questions fail to demonstrate compliance.

3. CUSTOMER OBLIGATIONS

3.1 The Customer shall, and shall procure that its Group Companies (as applicable) and its and their respective personnel shall:

3.1.1 confirm that documents being checked are the originals and have been obtained in person from the employee;

3.1.2 confirm that the photographs on documents are consistent across documents and with the person’s appearance and date of birth;

3.1.3 confirm they are satisfied the document is genuine, has not been tampered with and belongs to the employee; and

3.1.4 confirm they have checked the reasons for any different names across documents and upload supporting evidence (e.g. marriage certificate, divorce decree, deed poll).

3.2 The Customer shall be solely responsible for completing the checks set out in paragraph 3.1 above and for the accuracy of such checks.

4. CHECKS PERFORMED

4.1 The RTW Check service performs and reports the following checks:

4.1.1 confirms that the documents uploaded support an employee’s Right to Work, as per the current Home Office list of acceptable documents;

4.1.2 checks that the documents are in date (where applicable);

4.1.3 checks and reports whether the documents contain any work restrictions (e.g. student limited to work a certain number of hours);

4.1.4 crosschecks names for consistency (where more than one document is submitted for an employee);

4.1.5 crosschecks dates of birth (where date of birth is present on more than once document submitted for an employee );

4.1.6 checks that the Machine Readable Zone (MRZ) is Valid (applies to passports, visas, ID cards, Biometric Residence Permits with a MRZ);

4.1.7 checks that the Customer’s answers to statutory Right to Work questions are compliant; and

4.1.8 checks that the Customer has uploaded the correct supporting documentation where applicable e.g. evidence of name change or student term time.