The right to work checks standard outlines the legal requirements NHS organisations must carry out to verify a prospective employee's legal right to work in the UK. This standard is one of six documents which make up the NHS Employment Check Standards published in March 2008.
The NHS Employment Check Standards were revised in July 2010 following consultation with key partners to assure they fitness for purpose. Employers must also refer to comprehensive guidance issued by the Home Office "Prevention of Illegal Working: Civil penalties for employers - code of practice" (February 2008) which can be downloaded from the UK Border Agency website.
This standard does not address the requirements needed to verify an individual's identity and should be read in conjunction with the verification of identity checks standard.
Further more detailed information about current immigration rules, the points based system, sponsorship licence can be found on the international recruitment pages of this website.
Note to employers
The Worker Registration Scheme (A8 countries) closed on 30th April 2011 because under the terms of the Treaty of Accession, the UK cannot apply transitional restrictions on A8 nationals' access to the labour market for more than 7 years.
This means A8 nationals (countries listed below) are able to access the UK labour market on the same terms as other EU nationals and are no longer required to register their employment with the UK Border Agency (UKBA):
• Czech Republic
• Estonia
• Hungary
• Latvia
• Lithuania
• Poland
• Slovakia
• Slovenia.
The Government intends to apply transitional controls on labour market access, to nationals of any country joining the EU in the future. The UK Border Agency will be publishing guidance for employers on its website shortly. This amendment will be made to the 'Right to work check' document shortly, as part of the annual review.
For further information please see our Employing EEA nationals page.
Amendments to the Right to Work Check standard 20 October 2010
Further amendment has been made to the 'Right to work check' document to reflect changes in legislation issued by the UK Border Agency from 2 August 2010 which allows employers to accept indefinite leave to remain where it is produced in an expired (out of date) passport as evidence of right to work in the UK. Amendments have also been made to give clarity around rights for Turkish workers who are already residing in the UK.
If you have any queries please email employmentchecks@nhsemployers.org