Guidance

Avoiding discrimination while preventing illegal working: code of practice, 2014

Guidance for employers on how to avoid discrimination when carrying out right to work checks.

• From: UK Visas and Immigration and Immigration Enforcement
• Published: 16 May 2014
• Last updated: 22 March 2022 — See all updates

Documents

Code of practice for employers: avoiding unlawful discrimination while preventing illegal working: 6 April 2022 (accessible version)

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Code of practice for employers: avoiding unlawful discrimination while preventing illegal working: 6 April 2022

PDF, 200 KB, 16 pages

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You can find the previous version of this code of practice at the National Archives, along with earlier versions

https://webarchive.nationalarchives.gov.uk/ukgwa/20220329170011/https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination

Details

The adjustments to right to work checks, introduced because of coronavirus (COVID-19), ended on 30 September 2022. See guidance about the adjusted process.

Employers must carry out right to work checks on their employees. This code of practice provides practical guidance on how to avoid illegal discrimination when carrying out the checks.

Check if someone can work in the UK using our quick answer tool.

If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.

Published 16 May 2014
Last updated 22 March 2022 + show all updates

1. 22 March 2022

   Added accessible version of code of practice for employers: avoiding unlawful discrimination while preventing illegal working, in force from 6 April 2022.

2. 4 March 2022

   Added code of practice for employers: avoiding unlawful discrimination while preventing illegal working (in force from 6 April 2022).

3. 2 March 2022

   Added draft code of practice for employers: avoiding unlawful discrimination while preventing illegal working, March 2022.

4. 6 April 2020

   Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process.

5. 24 November 2014

   added link to new online Employer Checking Service tool

6. 16 May 2014

   First published.