What is a Share Code? Right to Work

In the UK, proving your right to work is essential for securing employment. Both employees and employers have a legal responsibility to ensure that all necessary checks are carried out correctly. One efficient way to prove your right to work is by using a share code. This article provides a comprehensive guide on what a share code is, how to obtain one, and how it can be used to prove your right to work.

Understanding the Right to Work

The right to work in the UK is a crucial legal requirement for anyone wishing to take up employment. This concept ensures that individuals are lawfully entitled to work, protecting both the workforce and employers from legal repercussions and exploitation.

Who Needs to Prove Their Right to Work?

1. British Citizens: For British citizens, proving the right to work is relatively straightforward. You can usually demonstrate your right to work by providing a passport, a birth certificate combined with an official document containing your National Insurance number, or a certificate of registration or naturalisation as a British citizen.
2. EU, EEA, and Swiss Citizens: Following Brexit, citizens from the EU, European Economic Area (EEA), and Switzerland may need to provide additional documentation to prove their right to work. Those who were living in the UK before 31 December 2020 may have obtained settled or pre-settled status under the EU Settlement Scheme. They can prove their right to work through the Home Office online service using a share code.
3. Non-EU Citizens: Individuals from outside the EU, EEA, and Switzerland need a visa or other immigration status that allows them to work. This could be a Biometric Residence Permit, a visa vignette in their passport, or other Home Office documentation.

Legal Requirements and Obligations for Employers

Employers in the UK have a legal duty to ensure that every employee has the right to work. This responsibility includes:

1. Conducting Right to Work Checks: Employers must carry out these checks before employing anyone. This involves verifying the employee’s documentation or using a share code to check their status online.
2. Preventing Illegal Working: By ensuring that all employees have the legal right to work, employers help to prevent illegal working practices, which can have severe legal and financial consequences for the business.
3. Record-Keeping: Employers must keep records of the right to work checks. This can be in the form of photocopies of the documents checked or screenshots of the online verification results. These records should be kept for the duration of the employee’s employment and for two years after they leave.

Consequences of Non-Compliance

Failing to comply with right to work requirements can result in significant penalties for employers. These can include:

1. Civil Penalties: Employers can be fined up to £20,000 for each illegal worker if they are found to have employed someone who does not have the right to work and cannot demonstrate that they have conducted the necessary checks.
2. Criminal Charges: In more severe cases, employing someone who does not have the right to work can lead to criminal charges, which can result in an unlimited fine and even imprisonment for up to five years.
3. Reputational Damage: Beyond financial and legal penalties, employing illegal workers can severely damage an organisation’s reputation, affecting customer trust and business relationships.

Why Proving the Right to Work is Important

For employees, proving your right to work is essential for securing lawful employment. It ensures that you are protected under UK employment laws and entitled to benefits such as the minimum wage, holiday pay, and safe working conditions.

For employers, conducting right to work checks helps to safeguard the business from legal issues, fines, and reputational harm. It also promotes a fair and compliant working environment, contributing to the overall integrity of the labour market.

Understanding and adhering to the right to work requirements is crucial for maintaining lawful and ethical employment practices in the UK. By ensuring that these checks are conducted accurately and efficiently, both employees and employers can benefit from a secure and compliant workplace.

What is a Share Code?

A share code is a unique, alphanumeric code provided by the Home Office. It allows individuals to share their immigration status and right to work with employers digitally. The share code system simplifies the verification process, making it easier and quicker for both parties.

The share code gives employers access to an online record of your immigration status, ensuring that they have the most up-to-date information. This method is more secure and efficient than traditional paper documents.

How to Obtain a Share Code

Obtaining a share code is a straightforward and essential step for proving your right to work in the UK. This code allows you to share your immigration status with your employer, ensuring a smooth and efficient verification process. Here’s a detailed guide on how to obtain your share code.

Step-by-Step Guide on Generating a Share Code

1. Access the Home Office Online Service: To start, you need to visit the official government website. Go to the UK Government Website. Click on ‘Start now’ to begin the process.
2. Enter Required Information: You will be asked to provide specific information to verify your identity and immigration status. This typically includes:
   • Passport Number: Your current passport number.Date of Birth: Your date of birth to cross-check your identity.Biometric Residence Permit (if applicable): If you have a Biometric Residence Permit (BRP), you will need to enter the details from this document.
   Ensure that all the information you enter is accurate to avoid any delays or issues.
3. Generate Your Share Code: Once you have entered all the necessary information, the system will generate a share code for you. This code is usually a combination of letters and numbers. The share code is typically valid for 30 days, after which you may need to generate a new one if required.

Important Tips

• Keep Your Information Secure: Always keep your share code and personal information secure. Only share it with trusted employers and through secure channels.
• Check Expiry Dates: Remember that share codes are typically valid for 30 days. If your code has expired, you will need to generate a new one.
• Update Your Details: If any of your personal details change, such as your passport number, make sure to update your information on the Home Office online service and generate a new share code.

By following these steps, you can easily obtain and use a share code to prove your right to work in the UK. This system ensures that your employment status is verified efficiently, helping you secure your job and comply with legal requirements.

Using a Share Code

Using a share code is a key part of proving your right to work in the UK. Once you have obtained your share code, the next step is to share it with your prospective employer so they can verify your immigration status. Here’s a detailed guide on how to use a share code effectively.

Providing a Share Code to Your Employer

Once you have your share code, it’s important to provide it to your employer promptly. This process is simple and straightforward:

1. Share the Code with Your Employer
   • Provide the Share Code: Give the share code to your employer. You can do this via email, in person, or through any secure communication method.
   • Include Your Date of Birth: Along with the share code, provide your date of birth. This information is needed to access your immigration status online.
2. Employer Uses the Share Code
   • Access the Home Office Online Service: Your employer will need to go to the GOV.UK website and navigate to the ‘Check someone’s right to work’ section.
   • Enter the Share Code and Date of Birth: The employer will enter your share code and date of birth into the system. This will allow them to access your right to work details.
3. Reviewing the Information
   • Verify the Details: The system will display your immigration status and right to work details. Your employer should carefully review this information to ensure it is accurate and matches your provided documents.
   • Keep a Record: Employers are legally required to keep a record of the right to work check. This can be done by taking a screenshot or printing out the online check result. These records should be kept for the duration of your employment and for two years after you leave the job.

Ensuring Your Share Code is Valid

To avoid any issues, make sure that your share code is valid and up to date. Here are some tips to ensure smooth verification:

• Check Expiry Dates: Share codes are typically valid for 30 days. If your code has expired, generate a new one before providing it to your employer.
• Accuracy of Information: Ensure all details provided during the share code generation process are accurate. Any discrepancies can cause delays in verification.
• Renewing Your Share Code: If you change any personal details, such as your passport number, update your information on the Home Office online service and generate a new share code.

Troubleshooting Common Issues

If you encounter any problems when using a share code, here are some common issues and their solutions:

• Invalid or Expired Code: If the share code does not work, it may have expired. Generate a new share code and provide it to your employer.
• Incorrect Information: Double-check that all information entered is correct. Even minor errors can lead to verification issues.
• Technical Problems: If you face any technical difficulties with the online service, contact the Home Office for support.

By following these steps, both employees and employers can ensure that the right to work verification process is smooth and efficient. Using a share code simplifies the process, providing a quick and secure way to confirm your right to work in the UK.

Employer’s Guide to Verifying Right to Work

Employers must follow specific steps to verify an employee’s right to work using a share code:

1. Access the Home Office Online Service: Employers should visit the View right to work section on the GOV.UK website.
2. Enter the Share Code and Date of Birth: Enter the share code provided by the employee along with their date of birth.
3. Review the Information: The system will display the employee’s right to work details. Ensure that the information matches the employee’s documents and identity.

Employers are legally required to keep a record of the verification. This can be a screenshot or a printout of the online check result.

Common Issues and Solutions

Sometimes, issues may arise when generating or using a share code. Here are some common problems and their solutions:

• Invalid Code: If the code is not working, it may have expired. Generate a new code if necessary.
• Incorrect Information: Ensure that all details entered are correct. Even a small mistake can lead to issues.
• System Errors: If you encounter technical difficulties, contact the Home Office for assistance.

Conclusion

Proving your right to work in the UK is an essential process that ensures both employees and employers comply with legal requirements and maintain a fair and lawful working environment. The introduction of the share code system has revolutionised the way these checks are conducted, offering a more efficient, secure, and streamlined method of verifying an individual’s immigration status.

For employees, understanding the right to work and how to generate and use a share code is crucial. Whether you are a British citizen, an EU citizen, or a non-EU citizen, knowing the specific documents and procedures applicable to your status is the first step. The share code system makes it simpler for you to prove your right to work, reducing the need for extensive paperwork and making the verification process quicker and more convenient.

Generating a share code is a straightforward process that can be completed online. By following the detailed steps outlined in this article, you can easily obtain a share code by accessing the Home Office online service, entering the required information, and generating the code. This share code, along with your date of birth, can then be provided to your employer, who will use it to verify your right to work.

Employers also benefit significantly from the share code system. It simplifies their obligations to verify the right to work, ensures compliance with legal requirements, and helps protect against the risks of employing individuals without the right to work. By using the share code, employers can quickly and securely access an employee’s immigration status and maintain accurate records of the checks performed.

However, it’s important to be aware of common issues that might arise, such as expired codes or incorrect information. Ensuring that your share code is valid and up-to-date, and double-checking all entered information can prevent delays and complications in the verification process. Employers should also be diligent in keeping records of these checks to comply with legal obligations.

In summary, the share code system is a vital tool in modernising the right to work checks in the UK. It offers a secure, efficient, and straightforward method for employees to prove their right to work and for employers to verify it. By understanding the importance of these checks, knowing how to generate and use a share code, and following best practices, both employees and employers can ensure a compliant and smooth employment process.

The share code system represents a significant advancement in employment verification processes, providing a robust framework for ensuring that everyone working in the UK has the legal right to do so. By embracing this system, we can contribute to a more transparent, fair, and lawful employment landscape in the UK.

Additional Resources

• GOV.UK Right to Work