Right to Work: Positive Verification Notice

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In exceptional circumstances, an employer is required to get a Positive Verification Notice from the Home Office for the statutory excuse to apply.

An employer is required to contact the Home Office and verify that a person had the right to work in the UK, if the employee can only produce:

• a Certificate of Application, less than six months old, showing that the holder is permitted to undertake the work in question;

• an Application Registration Card, showing that the holder is permitted to undertake the work in question; or,

• They can produce no acceptable documents because the person has an outstanding application with the Home Office or an appeal/administrative review against the Home Office.

Where this verification is required. You can contact the Home Office’s Employer Checking Service (ECS) via their website for verification.

https://www.gov.uk/employee-immigration-employment-status.

Within five working days, the ECS will respond with either a Positive or Negative Verification Notice.

• A Positive Verification Notice confirms that an employee presently has the right to work in the UK. An employer can rely on this document to establish the statutory excuse for the period the Notice is valid.

• A Negative Verification Notice confirms that an employee does not have the right to work in the UK.

Any employer that continues to employ a person after receiving a Negative Verification Notice may be liable to civil and criminal penalties.

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