Right to Work in the UK Documentation

I hope someone can give me some sound advice on this subject.  After receiving confirmation of completion (and pass) of my CHRP level 3 qualification earlier this year I started volunteering in the HR department at the company that I work for.  My first task was to ensure that all of our Right to Work in the UK documentation was up-to-date.  

Our last TUPE transfer was six years ago, so I have used the most recent legislation guidelines for every employee regardless of how many years they have been working at this site.  Out of 162 initial letters sent out we have had replies from all bar about 30.  A second reminder letter was sent out a month later and a third prompt about three weeks after that.

After the initial letter there was some negative feedback from long-time staff who felt that it was unfair for them (as British Citizens) to have to, "prove we're British."  After noting all of their concerns I spoke to the Home Office to clarify the law for each of their questions.  They made it clear that it is the legal obligation of the employee to provide that documentation and anyone who does not do so is in breach of the law.  Well - at least that point is clear.

But what are the next steps for the handful of individuals who simply refuse to comply?  I have asked the ladies in my office what the normal practice is and they have told me that the next stage is to invite them in to discuss the matter, but what exactly does that mean in the long-game?  I have been asked by staff what the worst-case scenario outcome would be and I do not have an answer for them as I cannot get a clear answer from any of my research online.

SO, my question to you is this:

IS there a standard practice in the UK for further steps to be taken when requesting the right to work documentation for individuals who refuse to comply on the grounds that they already work for the company and have done so for many years?   If so, what is it?  If not, could it go as far as disciplinary procedures?  Is there a precedent in the law for such cases?

My sole aim is to ensure that the company has the correct documents for every employee so that we can prove that we are absolutely squeaky clean with the home office going forward. As management and staff in the HR department have changed and shuffled many times via TUPE it is clear that some of these checks have slipped through the cracks.  I cannot comment about why or how this happened, my aim is simply to correct the mistake.  

Any and all advice you can give is certainly welcome.

Kind regards,

Jess

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Replies

  • Hi Jess

    Within my company we follow a familar procedure as you do and understand how this can be a such repetitive issue. If an employee is unwilling to provide right to work documentation we usually have a senior manager to hold a consultation with the employees and a deadline for the documentation is provided. If the employees fail to bring in this documentation (depending on the number of staff involved, location, circumstances, etc.) we will set a second deadline.

    It has always been my understanding that if employees are not willing to provide right to work documentation then they are in breach of their contract and therefore their contract is invalid, or if they have an existing contract that it can be terminated - this is our current company policy but not a measure we have ever needed to implement. It might be worth having a look at staff terms and conditions in your employment contracts and seeking legal advice before implementing this?

    At present we send a letter out within our new starter offer packs with policy on right to work in the UK and guidance relating to the documents we accept, it might be worth doing this as a way to prevent chasing up documentation? Perhaps you could implement an appointment system where employees have to meet with a member of HR prior to starting their position? I'm not sure how many staff are usually involved in your TUPE transfer but we usually organise groups of the transfer to visit HR to take copies of their documents. 

    Hope this helps.

    Luke

    • Documentation is currently part of our pre-employment checks and I know there has been at least one instance where a lack of relevant documents has led to the individual being cut out at the short-listing stage.  We are simply doing a file audit to make sure that every one is current.  

      Thank you for your advice.  I shall have a look at the standard terms and conditions and go from there.

      Kind regards,

      Jessica Sloan

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