Right to Work
Using the Employer Checking Service
When a worker cannot prove their status themselves, the Employer Checking Service may be needed.
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What the issue is
The Employer Checking Service (ECS) is used in specific situations set out in the guidance, for example where a person has an outstanding application or appeal and cannot provide acceptable evidence.
Why it matters
A Positive Verification Notice from the ECS can provide a statutory excuse for a limited period. A negative response, or failing to use the service when required, may leave the employer without protection.
When advice may be appropriate
If a negative response is received or the worker's position is disputed, take advice before taking employment decisions.
Common failures
- Not requesting a check when the guidance requires one.
- Missing the date by which a further check is needed.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- The ECS request and Positive Verification Notice.
- Dates for any further check required.
Practical preventative steps
- Know which situations require an ECS check.
- Diarise the end of the notice period.
Official rules and guidance
Rules and guidance change. Check the current official sources before relying on this information.
This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.
Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.
Related compliance topics
When solicitor advice may be appropriate
Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.