Digitalise the right-to-work check - lived experience

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We appreciate your participation in the survey! Here is some information about the survey and handling of your personal data.

Open Rights Group is sending this survey on behalf of the Challenge the Checks coalition, which includes Migrants' Rights Network, Migrants at Work and, in early 2024, A&M consultancy as our researchers. Our Coalition hopes to bring about litigation challenging the Home Office's use of automated digital Right to Work checks. 

 

Background

UK employers are encouraged to conduct right-to-work checks to establish a statutory excuse against any liability for a civil penalty in the event an employer is found to have employed a person who is subject to immigration control and is disqualified from carrying out the work in question because of their immigration status. Despite being termed 'right to work checks,' they don't confirm the legal right to work, as it is not mandated by law.

The digitalisation of these checks is increasing, with companies developing apps. However, digital adoption raises concerns such as errors, data handling, sharing practices, and risks of discrimination and racial bias. There is a significant concern for individuals awaiting Home Office decisions.

Section 3C Leave, and Section 4 legislation protects individuals from being 'overstayers,' allowing continued work. Unfortunately, there are reports of such individuals facing unfair dismissal, leaving them without income and access to public funds (NRPF), thereby pushing many to the brink of destitution, poverty, and homelessness.

 

The purpose of the survey:

Considering the issues mentioned above, with this survey, we are asking migrants, refugees, and people seeking asylum to share their experience of proving their right to work, such as obtaining share codes as required by employment and immigration laws. The survey will help form a comprehensive research and a body of evidence for a potential litigation.

 

We encourage migrants, refugees or people seeking asylum to participate in the survey. 

 

Information about the collected data

This survey is anonymous. Open Rights Group campaigns for and strongly believes that you have the right to control the use of your personal information and that your privacy must be respected. That is why we strictly limit the collection and processing of your personal data. We will not use personal data that you provide to us in a manner inconsistent with the purposes for which you provided it.

If you have any questions about this survey, your data, or how the survey responses are being used, please contact:

jeannette@openrightsgroup.org


Thank you for reading this information sheet and for supporting this research!

Please complete this survey by the 29th of February 2024.

1. Do you consent to participate in this survey? *

 

2. What is your country of origin?

 

3. What is your ethnicity?

 

4. What is your status? *

 

5. What is your gender?

 

6. What immigration document you hold as proof of your residency status in the UK? ( choose all that is applicable) *

 

7. Do you have a pending immigration application? *

 

8. If yes, what is the nature of your leave?