Right to work checks

**Fred Bloggs** · 15 August 2022, 15:29

Originally posted by silverlight1 View Post

I am a UK citizen with a valid passport.

For outside IR35 gigs should my company engage with end client enquiries about "right to work" checks for my employees.

My companies contract is with a consultancy and they then have a contract with the end client

My company has provided all the necessary info to the consultancy about right to work for any employees engaging on this contract so I see no need to supply passport details or NI information to end client.

Welcome any views on this or if I am being too cautious here...

Thanks as always for the comments

If there's an agency in the chain they usually do that checking in my experience. If there's no agency then yes, the client will want to be certain they're not in line for fines due to non eligible workers being on their premises. I would be happy to comply if I were you, but I would draw the line at providing a copy of my passport as is sometimes requested. When faced with that request I have shown the passport in person and declined to have it copied. Hope that helps.

**WTFH** · 15 August 2022, 15:51

It's been like that for years...
https://forums.contractoruk.com/busi...plication.html

**northernladuk** · 15 August 2022, 16:21

At 10k per body you can forgive anyone in the chain for asking for the correct docs even if it's not supposed to be them. If there is any hint of confusion then check anyway. So yes, whatever the rule is I wouldn't be surprised if both the agency and client asks.. and if they do I'd give them what they need.

**eek** · 15 August 2022, 16:57

Originally posted by silverlight1 View Post

I am a UK citizen with a valid passport.

For outside IR35 gigs should my company engage with end client enquiries about "right to work" checks for my employees.

My companies contract is with a consultancy and they then have a contract with the end client

My company has provided all the necessary info to the consultancy about right to work for any employees engaging on this contract so I see no need to supply passport details or NI information to end client.

Welcome any views on this or if I am being too cautious here...

Thanks as always for the comments

If you are on site when immigration arrive then it's the end client facing the £10,000 fine. So I can see why the end client won't want you working on their premises without a valid check...

Also you say the contract is outside IR35 - who told you it was outside - an SDS determination from the end client or something else?

**Peoplesoft bloke** · 22 August 2022, 12:40

Unfortunately the requirement to check a passport has been translated by a load of HR wonks as "make a copy" - abetted by the fact that guidance from government suggests they can avoid prosecution by producing such a copy in order to evidence that they saw it. Of course, it being government, no-one will accept the word of a person that they saw the document.

**SimonMac** · 22 August 2022, 14:37

Nine times out of ten when you are set up on a company's internal system itasks for this information, you can only get an IT login if you are set up on HR system, you can only get set up on HR if you give the inforamtion.

Do they need it, proably not it's just a badley designed system. Should you give it, yes because it's not the persons fault who is asking for the details.

**ComplianceLady** · 23 August 2022, 08:13

Agencies need the individuals gender + DOB OR NINO and they usually have liabilities in contracts re RTW (even though you can't pass on the primary liability via contract). The only way to provide a statutory excuse re RTW is to have a copy of the ID stored. Considering they also need Gender + DOB (or NINO) for the intermediaries reporting it's just easier to get a passport and you have all 3 in one go.

Right to work checks