Entitlement to work in the UK
The University has a duty under the provisions of the Immigration, Asylum and Nationality Act 2006 to verify, prior to the commencement of employment, that any individual undertaking work for the University, irrespective of the length or duration of the work have the right to work in the UK. This check provides the University with a statutory excuse against a civil penalty (up to £60,000) in the event that we have employed someone, who is prevented from carrying out the work in question, by reason of their immigration status.
The University has heightened obligations to comply with right to work rules as a UKVI sponsor licence holder. Non-compliance can lead to the Home Office taking action against the University’s licences and our ability to sponsor both staff and students to gain permission to work/study in the UK.
A reminder therefore that right to work checks for all engagements/ work must be:
- Undertaken ahead of the start date and not on the start date to provide the University with a statutory excuse against a civil penalty and to meet our compliance duties as a ‘Highly Trusted Sponsor’.
- An individual without a right to work check cannot commence work. Where a prospective employee does not have the right to work in the UK, any offer of employment/engagement will be conditional upon the successful receipt of a work visa.
- Applied equally to all employees/workers to ensure that we remain compliant with our duty to prevent illegal working and at the same time avoid unlawful discrimination.
Where the correct checks are not in place, claim forms will not be processed via Payroll.
| Worker/Engagement | Responsibility for Check | ||
| Student Workers on Campus | PPC | ||
| Claims Workers i.e. External Examiners/Guest Lecturer | Local Area/QPS | ||
| Associate Lecturers | PPC | ||
| Casual Workers i.e. Invigilator/LAC Venue/Casual Research Asst (CWA Post) | PPC | ||
| Core Workforce | PPC | ||
| Follow Up RTW Checks | PPC |
- It is a prerequisite that all individuals with delegated responsibility to undertake ‘right to work’ checks first complete the following training and declaration: Here
- To determine whether a right to work check is required view the decision tree; if so the type of check and the statement to enter please view the quick flowchart. For full guidance please see: Right to Work Checks – How to guidance.
For additional information or help please contact rtw@lincoln.ac.uk
