Right to work in the construction industry
Skill shortages, reliance on transient labour and forged identity documents expose the construction industry to the risk of illegal employment.
Legislation in relation to illegal employment is set out in the Immigration, Asylum and Nationality Act 2006. The Act gives the following definition of the term ‘illegal worker’:
‘…an adult subject to immigration control if:
- he has not been granted leave to enter or remain in the United Kingdom, or
- his leave to enter or remain in the United Kingdom:
- is invalid,
- has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
- is subject to a condition preventing him from accepting the employment.’
Illegal workers include students with expired visas, students working more hours than they are allowed to and people who work on a visitor’s visa.
Businesses employing illegal workers may be liable to pay a civil penalty of up to £20,000 for each illegal worker. The proposed Immigration Act will introduce new criminal offences.
Under the Right to Work, employers are required to check job applicants are allowed to work for them in the UK before they are employed. This includes checking worker’s original documents with the worker present and to keeping copies of documents and a record of the date the check was made.
Employers must check:
- Documents are genuine and belong to the applicant.
- The dates for the worker’s right to work in the UK have not expired.
- Photos are the same across all documents and look like the applicant.
- Dates of birth are the same across all documents.
- The person has permission to do the type of work offered.
- Evidence of students study and vacation times.
- If documents give different names, supporting documents showing the reason for this.
Further checks are required if the person has restrictions on their right to work in the UK. See Check if someone can work in the UK.
In 2014, the government made Right to Work checks easier for legitimate employers to carry out, by reducing the frequency of checks and the range of documents needed.
On 14 October 2015, Immigration Minister James Brokenshire announced ‘Operation Magnify’, an enforcement campaign targeting illegal working in the construction industry. See Operation magnify for more information.
Featured articles and news
Art of Building CIOB photographic competition public vote
The last week to vote for a winner until 10 January 2025.
The future of the Grenfell Tower site
Principles, promises, recommendations and a decision expected in February 2025.
20 years of the Chartered Environmentalist
If not now, when?
Journeys in Industrious England
Thomas Baskerville’s expeditions in the 1600s.
Top 25 Building Safety Wiki articles of 2024
Take a look what most people have been reading about.
Life and death at Highgate Cemetery
Balancing burials and tourism.
The 25 most read articles on DB for 2024
Design portion to procurement route and all between.
The act of preservation may sometimes be futile.
Twas the site before Christmas...
A rhyme for the industry and a thankyou to our supporters.
Plumbing and heating systems in schools
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.
EBSSA support for the new industry competence structure
The Engineering and Building Services Skills Authority, in working group 2.
Notes from BSRIA Sustainable Futures briefing
From carbon down to the all important customer: Redefining Retrofit for Net Zero Living.
Principal Designer: A New Opportunity for Architects
ACA launches a Principal Designer Register for architects.