The right to work in the UK

July 14, 2016

Right to work UKWhen you employ a nanny it’s your responsibility to check that he or she has the right to work in the UK.

In the second half of 2015 over £21 million penalties were issued to employers in the UK for hiring illegal workers. And now the Immigration Act 2016 has introduced even tougher sanctions on illegal working.

Even though you’ve probably got just one employee you can’t ignore the law; it’s your responsibility to carry out checks. You could face a civil penalty of up to £20,000 if you haven’t carried out the correct checks and your nanny is found to be working illegally.

Illegal workers include:

  • students with expired visas, or students working more hours than they’re allowed to
  • people who work on a visitor’s visa

You must check that your nanny is allowed to work for you in the UK before you take him or her on.

Obtain

Ask to see original documents such as a UK passport or Document Certifying Permanent Residence.
Follow this checklist of suitable documents

Check

Check that the documents are genuine and that your prospective nanny is allowed to do the work you’re offering.

Retain

The documents will need to be copied, dated and kept safely to prove that you’ve carried out checks.
If you want to take on a student you’ll need to obtain and keep evidence of the student’s academic term and holiday dates.

More information

An employer’s guide to right to work checks

Check if someone can work in the UK

Document checklist

Employing someone to work in your home

If you need further help call the helpline on 0300 123 4699.