Right to Work
Who Owns the Right to Work Process?
Inconsistent processes and unclear ownership are a frequent cause of compliance failures.
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What the issue is
Checks are often carried out by different managers, sites or agencies. Without a single process and owner, the method and records can vary.
Why it matters
The employer remains responsible even where checks are delegated internally. Inconsistent practice can lose the statutory excuse and create discrimination risk.
Practical steps
Document one process, name an owner, train those who conduct checks and periodically sample records.
Common failures
- Each site using a different checklist.
- No one accountable for repeat checks.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- The written procedure and training records.
- Internal sampling results.
Practical preventative steps
- Appoint a named process owner.
- Review a sample of records periodically.
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.
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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.