It will not be possible to conduct an online or digital right to work check in all circumstances, as not all individuals will have an immigration status that can be checked online or digitally, or in some circumstances an individual may choose not to demonstrate their right to work using the online or digital services. In such cases employers should conduct an offline check.
As outlined in the NHS Employers Right to works checks standard, when conducting an offline check, there are three steps that employers must take to confirm an individual has the right to work in the UK:
1. Obtain the person’s original documents from List A or List B.
2. Check all documentary evidence with the holder to verify that the documents are genuine, that the individual is the rightful owner of those documents, and they are permitted to do the type of work being offered.
3. Make a clear copy of all documentary evidence seen and record the date of the check. When recording the verification date, the following wording must be used on each document: 'The date on which this right to work was made: [insert date]'.
Querying an invalid document
If there is any doubt about the validity of the document(s) provided, this should be raised with the NHS England (NHSE) Human Resources and Organisation Development (HR and OD) team who will contact the Local Counter Fraud Specialist.