GUIDANCE NOTES FOR USE OF R2W APP

In addition to the Right to Work Website Terms which you must abide by, Procius draws your attention to the following specific terms of use:

Background

1. Proper use of the Right to Work Website and Application ("R2W App") will meet the statutory requirements for proving that an employee has the right to work in the United Kingdom ("Statutory Excuse").
2. Evidencing a Statutory Excuse exempts you from prosecution in the event that an employee is found to be illegally working in the United Kingdom.
3. Failing to carry out the checks correctly or at all carries the risk of a £20,000 fine.
4. Employing someone knowing that they do not have the right to work in the United Kingdom carries the risk of a potential 5 year prison sentence and an unlimited fine.
5. Misuse of the R2W App represents a disciplinary offence and may result in MITIE’s disciplinary procedures being invoked.



Specific Use

6. It is not permitted to use photocopies of official documents at any point in the R2W App.
7. You must carry out a check on the validity of the documents provided in the presence of the employee/potential employee. It is your responsibility to carry out this check.
8. The completion of an electronic signature on behalf of a third party is fraud
9. The R2W App provides ongoing compliance with the statutory requirements, for example by notifying when a visa expires and rechecks/updates are required. It is forbidden to disable push notifications within the R2W App. Ignoring the contents of any push notification could result in you being breach of the relevant legislation.
10. You may only discuss the outcome of a right to work search with:
    1. the subject of the check;
    2. you HR department; and
    3. your line manager.
    Discussion outside of the above may be in breach of Data Protection legislation.
11. You will not use the R2W App for any purpose or in any manner inconsistent with the checking of employees/potential employees rights to work in the United Kingdom.