Conducting background checks is necessary to avoid potential legal issues that could arise if you fail to comply with employment regulations.
Background checks such as Right to Work checks may not be the most exciting task on your onboarding checklist, but they are undoubtedly a critical one. These checks can be complex and time-consuming (if done manually) but can now be automated to a high degree.
What background checks should you carry out on employees?
1. Right to work Checks
🇺🇸 United States
In the United States, employers are required to verify the employment eligibility of all employees they hire. This is done through the completion of Form I-9, which requires the employee to provide certain identifying information and documents to prove their identity and work authorization. Employers must complete the form within three days of the employee’s start date.
🇨🇦 Canada
In Canada, employers are required to verify the right to work of all employees they hire. This is done through the completion of a Labour Market Impact Assessment (LMIA), which assesses the impact of hiring a foreign worker on the Canadian labour market, and a work permit application. Employers must obtain a positive LMIA before hiring a foreign worker.
🇦🇺 Australia
In Australia, employers are required to verify the right to work of all employees they hire. This is done through the completion of a VEVO (Visa Entitlement Verification Online) check, which confirms the employee’s visa status and work rights. Employers must complete the check before the employee’s start date.
🇩🇪 Germany
Employers are required to verify the right to work of all employees they hire. This is done through the completion of a residence permit application and the provision of certain identifying information and documents to prove the employee’s identity and work authorization.
🇫🇷 France
Employers are required to verify the right to work of all employees they hire. This is done through the completion of a work permit application and the provision of certain identifying information and documents to prove the employee’s identity and work authorization.
🇪🇸 Spain
Employers are required to verify the right to work of all employees they hire. This is done through the completion of a work permit application and the provision of certain identifying information and documents to prove the employee’s identity and work authorization.
🇮🇹 Italy
Employers are required to verify the right to work of all employees they hire. This is done through the completion of a residence permit application and the provision of certain identifying information and documents to prove the employee’s identity and work authorization.
🇬🇧 United Kingdom
The UK government mandates that employers have a legal obligation to prevent illegal working, as stipulated in sections 15-25 of the Immigration, Asylum, and Nationality Act 2006. Employers are required to verify that a job candidate has the right to work in the UK before they can be hired and paid. This verification process is known as a “right-to-work check,” and it must be conducted carefully and thoroughly to avoid legal liability.
The right-to-work check involves verifying prospective employees’ eligibility to work in the UK by checking their immigration status and validating their identity. As of October 1, 2019, employers must use a government-approved Identity Service Provider (IDSP) to carry out the check. Additionally, if an employee has a time-limited right to work in the UK, employers must conduct a follow-up check shortly before their entitlement to work expires.
What are the consequences for not carrying out Right to Work checks?
If you’re caught employing someone who doesn’t have the legal right to work in the UK, you could face a hefty civil penalty of up to £20,000 for every illegal worker in your business.
However, if you employ somebody with the knowledge or ‘reasonable cause to believe’ that they didn’t have the right to work, you could face five years in prison and an unlimited penalty.
How to carry out a Right to Work check?
Since October 1st 2022, you can no longer verify an employee’s right to work using scanned documents over a video call. There are now three ways to carry out a Right to Work check in the UK:
| Check Type | Eligibility |
|---|
| Digital Check | Only prospective employees who hold a British or Irish passport can use a digital check. |
| Home Office Online Check | Any employee who has an immigration status that can be checked online. Such as holders of Biometric Residence Cards, Biometric Residence Permits, Frontier Worker Permits and anyone with an immigration status issued under the EU Settlement scheme. |
| Manual Check | If the employee doesn’t have an immigration status, that can be checked online |
2. Identity Checks
As we’ve discussed, many countries have legal requirements for employers to verify the identity and work authorization of their employees. By verifying employee identity, employers can ensure they are in compliance with these requirements and avoid penalties or legal issues. Among other reasons, like ensuring safety and security of everyone at work, by verifying employee identity employers can demonstrate to their customers and stakeholders that they are a trustworthy and responsible organization. This can help build credibility and enhance the reputation of the organization.
3. Criminal Record Checks
Criminal record checks are a pre-requisite for jobs in regulated industries such as those involved with working with children, vulnerable adults or sensitive data. Employers should conduct criminal records checks as part of their hiring process to ensure a safe and secure workplace, protect against liability risks, and maintain the integrity of their brand and reputation.
4. Education Checks
Education checks are a crucial aspect of the hiring process to help employers make informed decisions. This check is especially important if the job requires specific qualifications like legal or medical degrees. Neglecting to verify qualifications could lead to disastrous consequences for your business.
5. Credit Checks
In regulated financial industries, a credit check can be more than just a box to tick for compliance purposes. It can be a vital step in ensuring that your potential employees are financially responsible and competent to make sound financial decisions. A thorough credit check can help you avoid costly mistakes.
What are the best providers for employee background checks?
Background check providers specialize in collecting and verifying information about individuals, including employment history, criminal records, and identity verification. There are a variety of providers such as Zinc, Veremark and Sterling that you can use but it can be hard to differentiate them. In a separate blog article we have mapped out the top 5 employee background check providers.
How can Zelt help you automate background checks?
We’ve partnered with Zinc to help people teams supercharge their onboarding process by automating background checks, saving valuable time and improving employee experience.
Learn how you can save time on background checks with Zelt today
Checks embedded directly into onboarding
Transform your onboarding process with customisable templates that include Zinc’s automated background checks, saving your team valuable time and money by eliminating the need for manual checks or switching between multiple tools.
Thanks to Zinc’s know-how we have configured three packages that will cover your needs from checking a regular hire to appraising a senior financial director. Not only can you now access the best-in-class background check provider directly in Zelt but also save on your checks, purchasing them at a discounted rate.
Perform a check in just three steps
- Click the onboarding tab.
- Go into the settings wheel and either edit an existing template or create a new one.
- Add identity checks and select your required package.
Check all existing employees
Perform checks for all of your existing employees to ensure compliance, safety and security of your business. Simply go to their profile and navigate to Work tab. Scroll down to see Identity check and create a new one.
Type of background checks that can be carried out
- UK right-to-work checks
- Criminal record checks
- Employment identity checks
- Education record checks
- Employment reference checks
- Adverse financial history checks
- Global watchlist & sanctions checks
- Address verification checks
- Adverse media checks
- Employment credit checks
Background check packages on Zelt
- Standard (£20 ): Identity check, right-to-work check & address check.
- Professional (£50): Identity check, right-to-work check, address check, employment references & education references.
- Advanced (£90): Identity check, right-to-work check, address check, employment references, education references, sanction checks & criminal record checks.
Simple process for new hires
New hires receive an invite in their inbox, get set up with Zinc and complete all their checks in one tool in a matter of minutes.
Employees follow these five clear steps
- Onboard a new hire into Zelt.
- Complete basic information and employment details.
- Invite the employee to start the check from within Zelt.
- The new hire receives an invite in their personal inbox.
- The new hire completes the checks in Zinc
Access results directly in Zelt
Keep your background checks organised and up to date. Get notified, view, and store all results directly in Zelt, ready for any compliance checks.
With Zelt & Zinc, you’ll have easy and automated access to conduct the necessary checks to keep you compliant and ensure you’re hiring the best people to help your business succeed.