Skip to content

Right-to-Work Procedure

Document Information

Field Value
Document Reference PROC_R2W_01
Issue Number 1
Issue Date 4 May 2026
Next Review 4 May 2027
Controlled By Leanne Mason (Director, HR/Admin)
Approved By Aaron Mason, Managing Director

What this is

The operational procedure for verifying every worker's right to work in the UK before they start at A M Water Services Ltd. Sits alongside POL_HSQE_17 Illegal Workers (the policy commitment) — this document is the practical step-by-step that Leanne or whoever is doing the onboarding follows. Maps to Achilles UVDB B2.4.3 evidence test on employment compliance.

1. Scope

This procedure applies to every person who carries out work for AMWS, regardless of how they are engaged:

  • Direct employees
  • Labour-only subcontractors (the 46 active subbies on Leanne's APP_12 register)
  • Agency-supplied workers
  • Self-employed contractors

It does not apply to suppliers of products and services where AMWS is the customer (e.g. Speedy Hire delivery drivers).

  • Immigration, Asylum and Nationality Act 2006 — civil penalties up to £60,000 per illegal worker (post-2024 increase).
  • Home Office Right to Work checks: An Employer's Guide — current version is the legal-defence reference.
  • GDPR / Data Protection Act 2018 — for retention of identity copies.

3. The check — every time, before first day on site

3.1 Manual check (British / Irish citizens with passport)

  1. Obtain the original passport (or expired British/Irish passport).
  2. In-person verify the photo matches the person and the document is genuine.
  3. Take a clear copy / photo of the relevant pages: photo page, signature, any visa stamps.
  4. Annotate the copy: "This copy is a true reflection of the original document, seen by [name] on [DD/MM/YYYY]." — sign and date.
  5. File against the worker record.

3.2 Online share-code check (everyone else)

For workers without a British/Irish passport (e.g. EU pre-settled / settled status, BRP holders, work-visa holders):

  1. Worker provides their share code (9 characters, generated from gov.uk) and date of birth.
  2. Go to https://www.gov.uk/view-right-to-work (the employer-facing service, not the worker one).
  3. Enter share code + DoB + AMWS company details.
  4. Verify the photo on screen matches the person in front of you (or on a video call if remote — must be live, not a still).
  5. Print or download the PDF result page; date and sign.
  6. File against the worker record.

3.3 What we do NOT accept

  • Photocopies of passports without sight of the original
  • A driving licence as a stand-alone right-to-work document (it isn't one)
  • A National Insurance number as proof (it isn't proof of right to work)
  • Verbal confirmation from a previous employer
  • Outdated forms of evidence (the Home Office guide is the live reference; check before relying on anything older than 12 months)

3.4 If the worker can't produce evidence

  • They do not start work.
  • Refer to Aaron Mason for decision on whether to use the Home Office Employer Checking Service (ECS) — this returns a Positive Verification Notice valid for 6 months.

4. Retention

Record Retention period Storage
Right-to-work check record (copy + annotation OR share-code PDF) For the duration of employment + 2 years after employment ends Encrypted folder on AMWS shared drive, organised by worker name
Annotation must include date, who saw the original, and signature — —

5. Refresh cycle

  • Workers with permanent right to work (British/Irish citizens, settled status holders): no routine re-check required after the initial check.
  • Workers with time-limited leave (visa holders, pre-settled status): diary the visa expiry date. Re-check at least 2 weeks before expiry. New share code + new evidence pack on file.
  • All workers: spot-refresh of the file if the Home Office Employer's Guide is materially updated (Leanne checks the Guide quarterly).

6. Subcontractor right-to-work

For labour-only subcontractors invoiced through AMWS:

  • AMWS performs the right-to-work check before first engagement — same procedure as employees.
  • The check is filed against the subbie's entry in APP_12 Approved Supplier Register (live Excel held by Leanne).
  • A subbie with no R2W record on file is not engaged — no exceptions, regardless of urgency.

7. Annual sweep

Each year (May, alongside the Approved Supplier Register refresh) Leanne runs an audit of the R2W folder:

  1. Cross-check current AMWS workforce list against the R2W folder
  2. Identify any worker without a current R2W record → re-do the check
  3. Identify any visa-holder whose evidence is within 6 months of expiry → re-check
  4. Document the sweep in the AMWS HR file

Most-recent annual sweep: April 2026 — Leanne Mason — no exceptions identified.

8. Records location

  • Working copies: AMWS shared drive → HR / Right to Work → <Year> / <Worker name>
  • Master register: APP_12 (live Excel) — column added "R2W check date" + "R2W expiry (if time-limited)"
  • Policy reference: POL_HSQE_17 — Prevention of Illegal Working

9. Roles & responsibilities

Role Responsibility
Leanne Mason (Director, HR/Admin) Performs all R2W checks; maintains the records; runs the annual sweep
Aaron Mason (Managing Director) Decision-maker if a check is unclear; ECS authorisation
Site Supervisor (Jason May) Verifies a worker is on the cleared list before allowing them to start a shift

10. Why this matters for the audit

Achilles UVDB B2.4.3 expects evidence that AMWS:

  • Has a documented procedure (this page),
  • Performs the check before starting any worker (records on file),
  • Refreshes for time-limited leave-holders (diary system + share-code PDFs),
  • Retains records for the legal period (DofE + 2 years).

The civil penalty regime since 2024 means this is one the auditor will ask about.

Cross-references

Back to Resources