Do self-employed individuals need to go through a right to work check? The answer is no, you are not obligated to monitor the right to work of self-employed workers. However, you can choose to verify the right to work of contractors and self-employed individuals in order to avoid any type of negative publicity that could arise from their status as illegal workers and to prevent any disruption in your operations if such illegal workers are expelled from your company. Self-employed workers are not paid through PAYE and do not have the rights and responsibilities of an employee. A worker must inform HM Revenue and Customs (HMRC) if they think they have switched to self-employment.
This guide explains what employers should do to prevent illegal work in the UK, checking people's right to work before hiring them to ensure they are allowed to work. Unfortunately, there will be times when a person cannot access the online right to work verification system to obtain an exchange code. To check if someone is employed or self-employed for tax purposes, use the HMRC Check Employment Status for Tax tool. If an application is submitted on time, the person will be able to continue working for the University, subject to the terms of their expired visa. If someone is self-employed, they don't have the rights and responsibilities of an employee or the rights and responsibilities of a worker.
Once a person has successfully applied for a new visa, a new verification of the right to work must be carried out. Individuals and their employers may have to pay unpaid taxes and fines or lose the right to benefits if their employment situation is incorrect. If an employer knowingly hires someone who has no right to work in the UK, the individual employer could be sentenced to up to five years in jail (while the illegal worker would face six months).In conclusion, employers are not required by law to monitor the right to work of self-employed workers. However, it is recommended that employers verify the right to work of contractors and self-employed individuals in order to avoid any type of negative publicity that could arise from their status as illegal workers and any disruption in operations if such illegal workers are expelled from your company.
