Entitlement to work in the UK

Entitlement to work in the UK

The University has a duty to check that all new employees and workers have the right to work in the UK before an individual starts working. This check provides the University with a statutory excuse against a civil penalty if we are later found to have employed an illegal worker. This applies to any new employee or worker, whether on salary, wages, fees or any other form of payment and irrespective of the length or duration of the work.

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 will be conditional upon the successful receipt of a work visa.

Right to Work Checks

It is important that ‘Right to Work Checks’ are applied consistently across all colleagues, irrespective of nationality/type of ‘Right to Work’.

These principles are particularly important given the University is an international institution, engaging and employing colleagues globally. To continue to welcome international colleagues to the University, we are obliged to meet certain requirements in line with relevant UK Government legislation.

Under the Immigration, Asylum and Nationality Act, the University of Lincoln has a legal obligation to:

  • Check all prospective employees and workers have the right to work in the UK before their first day of work.
  • Undertake follow up checks prior to the expiry of right to work for individuals with time-limited leave to enter or stay in the UK.

Failure to check an employee or worker’s right to work is a breach of Home Office guidance and could result in a civil penalty if the University is found to be employing an illegal worker. This risks losing our licence to sponsor anyone requiring a visa (this applies to both staff and students).

For further information, please see the links below.