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As part of the onboarding process right to work checks are a vital part of ensuring businesses are compliant with the law. So, what are right to work checks? They are checks employers carry out with new staff members to ensure they have legal authority to work in the country where they are to be employed. They should also be carried out throughout employment to ensure their right to work is still valid if they do not have a permanent right to work status.
There is a useful document on the government website which details what evidence is required. An employer’s guide to right to work checks: 6 April 2022 (accessible version) – GOV.UK (www.gov.uk). If the employee is from the UK, the right to work would be their valid UK passport and a document that details their national insurance number. This will differ for foreign employees and will usually require evidence of a visa; employers should keep in mind that employees from the EU may be part of the EU settlement scheme and should ask for evidence of this. It is important that all employees are treated the same no matter where they are from to avoid claims of discrimination. Right to work checks should be completed for all employees. Employers should then also carry out ongoing checks on their employees’ right to work, to make sure their visas or passports are in date. If an employee is waiting for confirmation of their visa/ national insurance number, documentation from government bodies evidencing they have applied can be used in the interim.
It is important to note that for all right to work checks, employers should sign and date a copy of the right to work documents to say they have seen the original. This should then be clearly labelled and securely stored on the employees’ personal file. Any updated documentation should also follow the same process.
It is a criminal offence to employ/ pay individuals who do not have appropriate right to work and so is vital employers keep on top of this. If employees are unable to provide accurate right to work, after a grace period to gain this, they should either have their offer of employment revoked or their employment terminated if they are unable to evidence that it will be obtained in a reasonable amount of time.
During the pandemic there were changes made to right to work checks to allow employers to check right to work remotely. The changes allowed employers to check right to work by arranging a video call with the employee and checking their scanned documents, if they were unable to check in person. As of 1st October 2022, these changes are no longer valid. Checks will now either need to be in person, or by appointing an Identification Service Provider (“IDSP”). The IDSP will then use Identification Document Verification Technology (“IDVT”) to check the passport of the British & Irish national on behalf of employers. If the employee does not have a passport, then you must see their documentation in person. Please be aware that this could be carried out before the first day of employment, such as at a second stage interview. If the applicant is outside of the UK and Ireland you can use the government checking service, which will require a share code that the employee will have been issued with. View a job applicant’s right to work details – GOV.UK (www.gov.uk).
If you have any queries about the right to work checks process or any questions about your HR & Employment Law processes please do not hesitate to get in contact with or a member of our HR & Employment Law Team.
Proud to support a diverse range of clients
Public Bodies. Charities. Private Businesses.
Human Resources Management. Consultancy. Employment Law Compliance.
Across all sectors.
James Richardson is an HR and Employment Law Manager based in our Glasgow office. James’ main responsibility is to support his clients to make fully informed people decisions across their business.
James is an experienced professional in human resources and employment law compliance, and provides exceptional support by getting to know his clients well. James works closely with each client to provide advice, guidance and bespoke HR project support.
James graduated in 2016 with a degree in Human Resources Management and Marketing, and also has a CIPD Level 7 Advanced Award in Employment Law. Currently, he is developing his knowledge further through completing a master’s degree in human resources management at the University of Strathclyde. Having worked both internally and on a consultancy basis, James has a broad and generalist approach to HRM and encourages strategic, long-term thinking.
“The best way to discuss and give great HR advice is to ensure the client relationship is an open, honest, and transparent one. I believe clients expect to hear my advice from an HR and employment law perspective, but also to reflect on my balanced and genuine opinion as an experienced professional. This means going beyond what it means to be legally compliant and looking at the practical logistics which will be different depending on the particular circumstances and any additional factors relevant to the business at the time. It’s important to me that clients don’t feel pressured to make a decision they are not comfortable with, and this means being honest and discussing any potential challenges openly as a genuine partner to their business or organisation.”
“The efficiency of virtual meetings is second to none, and many of our clients have benefitted from this. I have found that many clients have taken advantage of recruiting from a wider geographical area and this means a reliance on virtual technology is key to developing our relationship. Collaborating on a strategic plan, or delivering training is much more enjoyable when carried out face to face and I think this will always have a place in the HR field.”
“Speaking with clients about HR matters can be very personal, emotive, and challenging. It’s important to me that our relationship is a positive one, even when dealing with challenges that are troublesome and sometimes overwhelming for clients. This means engaging with clients in a friendly, fun, and enthusiastic way is important to me. I want clients to want to work with me, not feel they have to, and this means getting to know one another and sharing laughs throughout the processes we embark upon together.”
“I take pride in being able to learn from others but also recognise my strength in playing a large part of the development of my colleagues. We can learn so much from one another and, as HR is one those disciplines where there are often different solutions to the same problem, taking the time to share different perspectives is invaluable.”
“I appreciate all the feedback and praise I receive from clients, and the phrase “James is a star” has been mentioned quite regularly. However, I am most pleased overall to hear that clients enjoy working with me and can see the value being contributed to their business, as I am a strong believer that work should be worthwhile and also enjoyable.”
“Sometimes HR can be perceived as a tick box exercise, and this often stems from a compliance-based approach where the main focus is keeping organisations on the right side of the law. Of course, this should be a core principle, but it is only the beginning of an effective HR function. What comes next is infinitely more enjoyable, and embracing a more holistic and long-term view of HR in any business is often a great way of overcoming some of those typically reactive challenges.”
SMEs.
Health & Safety Policies & Procedures. Risk Assessments. Audit & Inspections. Contractor Accreditations. Training.
SECTORS/SUPPORT
Michelle Sneyd is a Senior Health & Safety Consultant with many years’ experience working with a diverse range of business sectors. Her specialisms include fire safety, food safety, care sector, construction, manufacturing, ergonomics, hazardous and dangerous substances.
Michelle assists clients with a wide range of Health & Safety related tasks such as carrying out auditing and inspection of client Health & Safety documentation and operations, completing fire risk assessments, providing fire safety advice, supporting clients with developments and reviews of risk assessments and method statements, and providing practical health and safety advice via email, telephone, and face to face – to name a few!
”I’m open to trying new ideas and ways of doing things. I’m very confident and not afraid to challenge assumptions and I am assertive in the way I try to argue my case for H&S to win over hearts and minds.”
”Our key focus is to meet the needs of our clients as they are our main priority. The route to success is through strong communication and we aim to build a strong, open dialogue with all of our customers. We ensure that our objectives are aligned with theirs and we work closely with them to achieve positive outcomes. However, occasionally things may not go to plan and we are also on hand to get things moving in the right direction once again.
I take great pleasure in helping businesses succeed and being part of their continued growth and development.”
”People still think H&S is very difficult, keeps changing and is very bureaucratic. This is largely not true and it’s up to us to show clients that it’s easier to manage than they often think.
One of the main challenges for me within my job is to overcome the stigma surrounding health & safety. Many companies are unaware of the true importance of following health & safety law within the workplace and do not see it is a priority. It is therefore my role to help business leaders gain an understanding of H&S best practices and how to apply these to their everyday business operations. Every journey with a client is one of education to help dispel myths and to assist them in navigating the complex world of health & safety.”
“I am excited for the future of the AAB People Health & Safety department. Our team is constantly expanding and breaking into new markets which demonstrates that Health & Safety in the workplace is becoming more of priority for many. I am looking forward to working with new and exciting clients, getting to know their businesses from the ground up and developing the partnerships that we have with our current clients. Our service offering is unique due to it being bespoke to the specific needs of our clients and I am confident that it will continue to be a success throughout Scotland and the rest of the UK.”
Lee Craig is the Service Lead for the Health & Safety team and manages the health and safety consultancy service working alongside her colleagues in the HR team.
Lee is a Chartered Member of the Institute of Occupational Safety and Health and has a NEBOSH National General Certificate, NEBOSH Fire Safety and Risk Certificate, and Post Graduate Certificate in Safety and Risk Management.
In her role, Lee enjoys getting to know clients and finding out about their business so that she can use her wide knowledge and experience to demystify health and safety, and give them practical and sensible support that works for their business.
“We aim to be part of the client’s team and build a relationship of trust and mutual respect. Clients trust us to give them practical, sensible advice and we trust them to keep us informed of things that are happening in the business, especially where there is a health and safety-related impact.
Navigating health and safety can be tricky, so I always strive to provide a friendly approachable service delivered in plain English that is relatable, practical, and reasonable and works for their business.
I also genuinely really enjoy learning about our clients’ businesses, every day is a learning day and the challenge of working out how to make health and safety compliance fit into their business model, culture, etc. is very rewarding.”
“Our role is to do the best job possible for our clients, they are the top priority, and we want to work in a solid partnership with them. Their successes become our successes and when things sometimes go wrong, we are there to help get things back on track. Put simply we care, and everything we do is in their best interests.
There is no greater satisfaction than knowing I have truly made a difference with my advice and support. One of the greatest compliments a client has paid me was telling me how much they appreciate me for making it so much easier than they thought it was going to be and that I had lifted a giant weight from their shoulders.”
“There’s a common misconception that health and safety is just about saying “No, you can’t do that” or delivered by grey men with clipboards who frown at everyone. But this is far from what health and safety truly is about. Health and safety is an enabler. It enables businesses and people to do amazing things, create, build, innovate, grow, challenge, explore and so much more! But at its heart, it’s about people, just like you and I, and keeping them safe, healthy and happy.”
“One of the greatest challenges in my profession is the ignorance of health and safety responsibilities – you’d be surprised at the number of businesses that fail to understand the depth or width of health and safety law in the UK. So as a professional, it is my primary responsibility to help business owners understand and navigate these challenges. Every journey with a client is one of education to help to demystify health and safety and support them to understand what they need to do and how.”
“I am very proud that our Health & Safety consultancy is totally bespoke to each client, not delivered by formula like a lot of the larger providers in the marketplace. The business continues to grow and I continue to learn so much. I am excited to continue that journey of growth, without compromising the quality and professionalism of what we do. AAB provides a platform for the growth of the business but also creates a fantastic career and professional development opportunity for our team.”
Fios Genomics provides bioinformatic data analysis services to pharma companies and academia for drug discovery, development and applied research. (Bioinformatics is the science of collecting and analysing complex biological data such as genetic codes.)
Founded in 2008 and based in Edinburgh, Fios is listed among the top bioinformatics providers, with a large client base in all life science areas. In the last six years alone, its 10-strong team has grown to 46, working with top pharma companies around the world.
Fios has a specialised team of bioinformaticians, statisticians and biologists based mainly in Edinburgh, AAB People has supported the company for over six years in all things HR, excluding recruitment. In the absence of internal HR expertise, Fios sought a long-term partner who could manage, develop and advise on all aspects of workplace life, employment practice and employee relations. The ongoing brief is wide-ranging general HR expertise, guidance and practical tools, from compliance and procedures to performance management, professional development and employee engagement.
A priority since 2022 has been to provide team training across ever-evolving areas relating to people management, such as company-wide diversity and inclusion awareness, to reflect and respect the changing nature of the workplace. Also vital in the post-pandemic landscape of hybrid and remote working has been the provision of training relating to a re-distributed workforce. Pre-2020, almost all Fios staff were based in Edinburgh. Now, most work remotely or within a hybrid arrangement, presenting fresh challenges for leadership, communication and performance management.
Consultant Donna ran training workshops for all 46 Fios employees, including management team training. They included performance management and appraisals guidance for new and established managers, where sessions were created for managers to learn how to manage processes relating to performance management and employee feedback.
Also vital was awareness training in several continually evolving areas: diversity and inclusion, the importance of emotional intelligence in a highly technical, analytical, often ‘black and white thinking’ environment, giving sensitive feedback and having difficult conversations, building resilience and the challenges and practicalities of working from home and here-to-stay hybrid working.
AAB People also provided employee relations guidance, featuring end-to-end process education on all aspects, from mediation, casework, performance management issues to annual leave, maternity leave, absence management, occupational health referrals and disciplinary procedures. In addition, a benefits review and set of recommendations was conducted for Fios in 2022.
Turning to company culture, AAB People ran a Values workshop for Fios in 2020. The outcomes have since underpinned all workplace behaviour, outlook and recruitment, as well as approaches to everyday challenges and problem-solving. An adapted version of AAB’s own ‘Ways of Working Charter’ was introduced, covering mindful, respectful communication with colleagues, people development, time management and overall company culture guidance.
An employee engagement forum was established, in which six representatives of different departments meet voluntarily every six weeks to discuss workplace incentivisation schemes, any emerging team issues and ideas for all-important team social activities, many of which happily include AAB People!
Ensuring robust policies, procedures and compliance is another key part of the brief, including a Right to Work audit to ensure that correct documentation is supplied for every employee in every circumstance.
Ongoing support and a ‘listening ear’ is central to the AAB People-Fios Genomics relationship. CEO Sarah Lynagh has weekly calls with Donna to discuss emerging HR issues and challenges. These might include retention challenges, performance management or specific cases relating to individuals. As testament to her trusted role as senior advisor and HR Lead, Donna is regularly invited to internal leadership meetings where people strategies and decisions play a significant part. She is also first port of call for any employees with HR questions or concerns.
CEO Sarah Lynagh particularly values the advisory role that AAB People play over and above the practical support and guidance of everyday HR issues:
“We have the ideal arrangement, where AAB People are part of our team but act as a slightly independent, neutral source of knowledge and expert guidance. They also ‘keep us right’ in negotiating the teething problems associated with business growth.“
“As CEO of a growing business, you can sometimes get lost in the weeds and the trees. It’s great to have a sounding board in Donna, who can help us decide what to sometimes let go and what to pursue. It’s also beneficial for our business to have access to her wider team and all their client experiences. It takes away the typical pain points of running a company.”
“Before we found AAB People, we had academic processes in place and legal support, but we lacked the ‘softer touch’ expertise needed to nurture a growing team. We needed to take stock and professionalise our HR!”
“We’ve had several new managers facing new scenarios – people whose roles are very technical and who’ve benefited from AAB People’s management training, having never run teams before or been responsible for the development and wellbeing of other colleagues. The training around diversity and inclusion and emotional intelligence really opened our eyes.”
“The emerging issues around post-Covid hybrid-working have been particularly challenging to navigate. It was like a grenade being thrown into our working practice, leading to several new flavours of contract and with them, new types of policy and new people management issues!”
“The world has changed; the levels of flexibility that new recruits, especially younger ones, are demanding, is brand new territory. It’s a fine balance between encouraging office-based working to suit the needs of the job Vs. alienating the discerning talent you’ve worked hard to find. The ‘Monday-to-Friday in the office’ culture is simply no longer an option for some recruits.”
“The values workshop that Donna ran for us was terrific and very worthwhile. We apply the outcomes to our daily practice and stick to those values in our comms, our marketing and in recruitment interviews.”
This 17-strong start-up team of renewable energy specialists has recently opened satellite offices in Aberdeen and Orkney in addition to the main Edinburgh base in order to meet growing interest in decarbonisation of North Sea assets. Their flagship project is the development and installation in Orkney of a prototype wave energy machine to provide green energy with zero carbon power to the North Sea.
In scaling up the team and in approaching new investors to accelerate the commercialisation of its wave energy technology, Mocean Energy wished in 2020 to develop robust HR systems, policies and procedures to support ambitious growth plans. They turned to AAB People for advice and support with employee relations, recruitment and onboarding.
The original goal was to ensure that all compliance needs were being met. But support for employee relations and recruitment followed quickly as it became clear that this would be a proactive, human partnership where AAB People would help to drive the HR strategy and suggest continuous improvements and a fresh perspective.
“AAB People are embedded in our company and have given us confidence in our ability to grow. We now have strong systems and the right culture in place to do that. We didn’t know what we were missing until we met them!”
The partnership began with a whole-team values exercise to determine the foundations of a strong, unified company culture. Trust, Expertise, Awesomeness and Morals were chosen by Mocean Energy as the basis for all day-to-day teamwork and problem-solving and for longer-term decisions about company direction.
AAB People’s own early experience as a start-up was an important influence. Helping a fledgling company develop confidence in its structure and internal systems and feel less vulnerable is key to successful growth. The depth of understanding from a similar-sized team with a similar growth history was a significant factor for Mocean Energy in choosing to work long-term with AAB People.
As well as getting to know the whole team and introducing a range of HR policies and an HR system, AAB People led and advised on the recruitment of five new hires during 2021. Job design for and consultation with engineers, technical project managers and support staff was followed by interview help and the creation of thorough onboarding and induction processes, thus relieving the management of time-consuming admin.
Employee relations, including helping the management team to support employees with any work-related concerns, is a key element of the partnership. AAB People remains on hand as another avenue for employees to discuss and address any emerging issues. The team also act as a valued sounding board for emerging conversations about people strategy and development.
MB and founder Cameron McNatt is clear about the value of having a well-aligned HR advisory team.
“AAB People are embedded in our company and have given us confidence in our ability to grow. We now have strong systems and the right culture in place to do that. We didn’t know what we were missing until we met them! Left to our own devices, we probably wouldn’t have written down those values. Now, we refer to the values in all our decision-making and hiring conversations, and to reflect on and preserve our culture as we grow.”
“As a result of having AAB People on board, our employees and our managers feel better supported and we feel like a fully developed company with good systems and foundations, rather than a vulnerable start-up. We feel like we have access to the whole team if we need it and our main contact Scott feels very much like part of our team, never like an outside consultant.”
