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RIGHT TO WORK LAW

According to the Immigration, Nationality and Asylum Act 2016, employers must carry out proper due-diligence to confirm any potential permanent, part-time, or temporary employee has the right to work in the UK before they can begin work.

Right to Work applies to any work experience or unpaid workers. All businesses are required by the Home Office to keep evidence of all the right to work checks they carry out, as well as checking the document provided is genuine and the applicant is its rightful holder.

WHAT IS A RIGHT TO WORK CHECK AND HOW DO THEY AFFECT EMPLOYERS?

There are two ways to run right to work checks: manually, or with the help of identity verification software that will run the necessary checks for you.

If you are running a manual check, you need to go through the lengthy process of obtaining a physical copy of a document from List A or List B from the government issued list, ensure that the document appears genuine and belongs to the holder, and check photographs and dates of birth are consistent.

You will also need to make a copy of the right to work document, which you are required to keep safely and securely. The second option is to use identity verification software that will run the necessary checks for you.

Consider using an app or website to verify Right to Work remotely, without the need to chase documents and having to delay candidate offers. Credas uses state-of-the-art technology to perform right to work checks at a time and place convenient for both parties.

We’ll run the necessary checks to verify the legality of documents and establish whether the candidate is a real, present person.

The Credas Right to Work product also saves you time and money by storing all Right to Work data on our highly secure cloud, ensuring full compliance with GDPR.

WHAT DOES RIGHT TO WORK MEAN FOR EMPLOYEES?

‘Right to work’ stands for the legal requirement imposed by the government on all employers to ensure the people they hire have the right to work in the UK.

The British government website says that it’s the company’s responsibility to check that the documents presented by the job applicants are valid. Right to work checks must be carried out on job applicants but in some circumstances right to work checks need to be carried out for existing employees.

WHY WAS THE MODERN SLAVERY ACT INTRODUCED?

There is a need for adequate legislation, to hold employers accountable for the legitimacy of their labour. Far from being a distant notion, modern slavery is a global issue that the Modern Slavery Act sets off to tackle.

Increasing accountability throughout the supply chain of organisations and protecting workers were the main aims of the Modern Slavery Act. As an added benefit, compliance with the Act is a way to inspire greater confidence amongst customers about the products and services you offer.

HOW CAN CREDAS HELP WITH ‘KNOW YOUR CUSTOMER’ CHECKS?

KYC checks are often a complex, time-consuming and expensive part of your business’ due diligence process.

Here at Credas, we aim to make the process quick, easy and secure by offering electronic identity verification software which performs real-time ID checks using two-way user facial recognition technology.

Comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations, while also saving yourself and your customers time and effort.

The checks also allow businesses to monitor their clients’ behaviour for suspicious or out of place activity.

WHICH KYC DOCUMENTS ARE REQUIRED?

To carry out KYC checks, you will need to request documents which confirm your customers’ legal name, any name changes, and correct permanent address, as well as proof of identity and proof of address.

WHICH INSTITUTIONS USE ‘KNOW YOUR CUSTOMER’ CHECKS?

The verification process has gained popularity among some businesses which handle money in some shape or form, including banking institutions, insurance agencies, and credit companies.

Other businesses who acquire detailed information from their customers to prevent fraud can also use KYC checks to ensure they are not unknowingly enabling bribery, corruption or money laundering.

WHY ARE THE CHECKS IMPORTANT?

The main aim of KYC checks is to ensure that all parts of the business, from customers and agents to distributors and consultants, are compliant with Anti Money Laundering regulations and Anti-Bribery laws.

In addition to protecting you from falling victim to fraud, it also minimises the potential risk to your company’s reputation posed by working with customers guilty of unlawful money handling.

WHAT IS ANTI-MONEY LAUNDERING IN SIMPLE TERMS?

In the most general sense, Anti-Money Laundering (AML) is the blanket term describing the collection of laws, processes, and regulations used to prevent illegally gained money from entering the financial system.

AML targets a wide range of activities, from corruption and tax evasion to manipulating the market and trading with illicit goods, and the efforts to conceal these activities as the original source of funds.

Since the majority of criminals and terrorists rely heavily on a cash flow of laundered money for their illegal activities, having the appropriate AML checks in place has broader crime-reducing implications.

Under Money Laundering Regulations many businesses are required to conduct thorough customer due diligence to help combat money laundering and economic crime. AML checks are essential part of customer due diligence which screening customers against PEPs and Sanctions lists and verifying their claimed identities. Failure to meet to AML obligations can lead to financial penalties and even disqualification as business/director.

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