Right to Work update relating to self-employment and contractors

Government guidance on Right to Work checks has been updated – see here.

 

The guidance states where the worker is self-employed, you are not required to establish a statutory excuse, but you must still carry out these checks (and retain evidence) if you have sponsor duties. 

 

Also, it “strongly encourages” business to check their contractors and labour providers carry out right to work checks on people they employ, engage or supply. This includes anyone using a substitute. Or, the guidance says you could carry out these checks yourself. 

 

They support this statement with these reasons;

 

• Avoiding reputational damage 

 

• Adverse impacts on health and safety and safeguarding obligations 

 

• Insurance requirements

 

• Recruitment businesses require to conduct identification checks already (e.g. Conduct Regulations)

 

• Best practice 

 

Before this, the guidance stated businesses “may wish” to check their contractors carry out right to work checks. 

 

Aspire comment

We have contacted Immigration Enforcement a number of times on behalf of clients in relation to conducting right to work checks on self-employed subcontractors and have always been told that it was correct that right to work checks were only needed for potential employees. Businesses engaging self-employed workers have no obligation to conduct right to work checks. 

 

The guidance suggests that this remains the case, unless you are a sponsor.