Right to Work Checks - Workers in the Gig Economy

March 25, 2021
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In recent days the gig economy has come under the spotlight with the ruling that Uber drivers are to be given ‘worker’ status and benefits. The question is how this impacts recruitment compliance; in particular, when should businesses operating in the gig economy conduct Right to Work checks on ‘workers’?

Current Home Office Guidance on this question is as follows:

‘Even if you are not the direct employer of the workers involved in your business, there are compelling reasons why you should seek to know that your workers have a right to work. If illegal workers are removed from your business, it may disrupt your operations and result in reputational damage. There could be adverse impacts on your health and safety and safeguarding obligations, as well as the potential invalidation of your insurance if the identity and skill levels of your workers are not as claimed. Accordingly, you should check that your contractors conduct the correct right to work checks on people they employ. You may also wish to use this guidance when you use workers who have a genuine self employment status.’

With 5 million people working in the UK gig economy, this is clearly an important compliance consideration for employers. By its very nature the gig economy is fast paced from a recruitment perspective and the requirement to undertake these checks may seem challenging. If your organisation is operating in the gig economy and requires assistance tailored to your needs please contact advice@rightcheck.io