HOLLBORN RECRUITMENT LIMITED

Right to Work Compliance Policy and Procedures

Hollborn Recruitment Ltd

Address: 38 Romford Road, Stratford, London, E15 4BZ
Phone: +44 7349 560154
Email: info@hollbornrecruitment.co.uk
Website: www.hollbornrecruitment.co.uk


1. Introduction

Hollborn Recruitment Ltd is committed to complying fully with United Kingdom immigration and employment laws.

We recognise our legal responsibility to ensure that all individuals we employ, place, or supply to clients have the legal right to work in the UK.

This policy outlines our procedures for conducting right-to-work checks in accordance with the Immigration, Asylum and Nationality Act 2006, UK immigration rules, and Home Office guidance.

The purpose of this policy is to prevent illegal working while ensuring fair, consistent, and non-discriminatory recruitment practices.


2. Legal Framework

This policy is based on the following legislation and official guidance:

  • Immigration, Asylum and Nationality Act 2006

  • Immigration Act 2014 and 2016

  • UK General Data Protection Regulation (UK GDPR)

  • Data Protection Act 2018

  • Home Office Employer’s Guide to Right to Work Checks

Failure to comply may result in civil penalties, criminal prosecution, reputational damage, and loss of business licences.


3. Policy Statement

Hollborn Recruitment Ltd will not knowingly employ, place, or supply any individual who does not have the legal right to work in the United Kingdom.

We are committed to conducting right-to-work checks for all workers before employment or placement begins and, where necessary, during the course of their engagement.

All checks are conducted fairly, consistently, and without discrimination based on race, nationality, ethnicity, religion, or immigration status.


4. Scope of This Policy

This policy applies to:

  • all job applicants

  • candidates placed with clients

  • company employees

  • temporary, permanent, and contract workers

  • agency or outsourced staff

It applies to all stages of recruitment, employment, and worker placement.


5. Responsibilities

Management Responsibilities

Senior management is responsible for:

  • ensuring effective right-to-work compliance systems are implemented

  • monitoring adherence to this policy

  • ensuring staff receive appropriate training

Staff Responsibilities

Recruitment and HR staff must:

  • follow this policy at all times

  • conduct right-to-work checks accurately

  • maintain complete and secure records

  • report concerns immediately

  • participate in relevant training

Failure to comply may result in disciplinary action.


6. Acceptable Right to Work Documents

Hollborn Recruitment Ltd accepts only documents approved by the UK Home Office.

Permanent Right to Work Examples

  • British passport

  • Irish passport or passport card

  • Certificate of naturalisation with photo identification

  • Biometric Residence Permit (BRP) showing indefinite leave to remain

Time-Limited Right to Work Examples

  • Biometric Residence Permit with limited leave

  • Visa contained in passport

  • Digital immigration status (eVisa)

  • Home Office share code

Home Office guidance is regularly reviewed to ensure document requirements remain current.


7. Methods of Right to Work Checks

Hollborn Recruitment Ltd uses the legally recognised methods approved by the Home Office.

7.1 Manual Document Checks

Where manual checks are permitted:

  1. Original documents are obtained from the individual

  2. Documents are checked in the presence of the holder (in person or via live video call)

  3. Photographs and dates are verified

  4. Documents are checked for signs of alteration or fraud

  5. Clear copies are taken and securely stored

Copies are dated and signed to confirm the verification process.


7.2 Online Right to Work Checks

For individuals with digital immigration status:

  1. A Home Office share code is obtained from the candidate

  2. The Home Office online checking service is accessed

  3. Identity and work permissions are verified

  4. Digital confirmation is retained

Online checks are mandatory for certain visa holders.


7.3 Employer Checking Service (ECS)

Where an individual cannot provide documentation due to ongoing Home Office processing, the Employer Checking Service (ECS) may be used.

If eligibility is confirmed, a Positive Verification Notice will be obtained and retained.


8. Timing of Checks

Right-to-work checks must be completed before employment or placement begins.

For individuals with time-limited permission, follow-up checks must be conducted before the expiry date.

No individual may begin work until the right-to-work check has been completed and recorded.


9. Record Keeping

Hollborn Recruitment Ltd maintains secure records of all right-to-work checks.

Records include:

  • copies of documents or online verification results

  • date of the check

  • name of the staff member conducting the check

  • confirmation that the check was completed

Records are retained for:

  • the duration of employment or placement

  • plus two years after the engagement ends

This complies with Home Office and GDPR requirements.


10. Data Protection

All personal data collected during right-to-work checks is handled in accordance with:

  • UK GDPR

  • Data Protection Act 2018

  • Hollborn Recruitment Ltd Data Protection Policy

Data is:

  • stored securely

  • accessible only to authorised staff

  • used solely for compliance purposes

  • deleted when no longer required


11. Avoiding Discrimination

Hollborn Recruitment Ltd is committed to fair and equal treatment.

Right-to-work checks are conducted:

  • for all applicants

  • at the same stage of recruitment

  • using consistent procedures

No individual will be treated less favourably because of nationality, accent, appearance, or immigration status.


12. Handling Irregularities and Concerns

If documents appear unclear, fraudulent, or inconsistent, staff must:

  • pause the recruitment process

  • report the issue to management

  • seek guidance from the Home Office where necessary

  • use the Employer Checking Service

Employment or placement will not proceed until legal eligibility is confirmed.

If illegal working is suspected, relevant authorities may be notified.


13. Training and Awareness

Relevant staff receive regular training covering:

  • right-to-work legislation

  • document verification procedures

  • online verification systems

  • fraud awareness

  • anti-discrimination practices

Training records are maintained for compliance purposes.


14. Monitoring and Auditing

Hollborn Recruitment Ltd conducts regular internal compliance audits.

These may include:

  • reviewing document records

  • verifying visa expiry dates

  • testing procedures

  • identifying compliance risks

Audit results are reported to management and corrective actions are implemented where necessary.


15. Penalties for Non-Compliance

Failure to comply with right-to-work requirements may result in:

  • civil penalties of up to £60,000 per illegal worker

  • criminal prosecution

  • loss of sponsor licence (if applicable)

  • reputational damage

  • termination of contracts

Staff who fail to follow procedures may face disciplinary action.


16. Reporting Breaches

Any suspected breach of this policy must be reported immediately to senior management.

All reports will be investigated promptly and confidentially.

Individuals who raise concerns in good faith will be protected from retaliation under whistleblowing protections.