Right to work checks

 LSE has a legal duty to prevent illegal working. 

Conducting a right to work check correctly before a person starts work provides a 'statutory excuse'. A statutory excuse provides a legal defence in the event that an employee is found to be working illegally.  This means that LSE is protected from a financial penalty and/or other sanctions which might affect our ability to sponsor overseas students and staff.

The statutory excuse expires when either:

• an employee leaves LSE or
• when their visa expires. 

Therefore it is essential to repeat the right to work check when an employee re-joins LSE after a break in their employment or when they receive a new visa. 

Anyone who is going to be conducting work at the School, regardless of whether it is on a salaried, hourly-paid or casual basis needs a right to work check.

This includes new starters and those who are returning to the School to work after a break in service. This is because the right to work check is only valid for the duration of the employment.

The check must be completed before any work starts and no later than 9:30am on their first day. 

If you would like the employee to start work later on their first day for any reason, please send an email to the HR Operations team  to confirm:

• that they started after 9:30am on their first day, and
• that they did not carry out any work before they did their right to work check

You need to repeat a right to work check when: 

• A person returns to LSE after a break in their employment. For example, someone who has taught for you previously comes back the following year to  teach again, or
• Before a person's visa expires.

Right to work checks are normally conducted in either one of two ways:

• In-person, with proof of UK or Irish nationality, for example a UK/Irish passport or UK naturalisation certificate and proof of National Insurance Number, or
• Online using the Home Office Right to Work service. 

All those with a digital immigration status can use the Home Office Right to Work service by requesting a share code and sending it to the HR Division.

They will then need to attend a video-call session so that we can check the photograph on their document is a true likeness.

Student visa holders are restricted to working for a maximum of 20 hours per week during term-time, and so when they conduct their right to work check they will also need to provide proof of their academic term and vacation times, or proof that they have completed their course programme.

Students that are enrolled onto an LSE course programme normally receive an enrolment letter, which they can provide for this purpose.  This should state the details of the programme they are registered on and their term dates.

Students that are enrolled on a programme at another university will need to provide a letter from their university stating their term dates and vacation dates.

Students that have finished studying will need to provide a letter from their university to confirm they have completed all requirements of their course programme. 

For further information about employing students and their visa conditions please see our webpage.

The right to work check must happen before the person starts work otherwise the LSE will not have a statutory excuse against illegal working.

Therefore, the start date will need to be postponed until the person is able to bring their documents.