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The Employment Checking Service (ECS) form plays a critical role for employers in the UK, especially when hiring non-UK/EEA employees. Compliance with legal requirements is mandatory; employers must confirm that their workers have the right to work in the UK to avoid penalties associated with employing illegal workers. To fulfill this obligation, employers are required to conduct specific document checks before and during employment, retaining copies of relevant documents throughout the employee's tenure. This form is specifically designed for cases where an employer seeks to validate the work eligibility of an employee or a prospective employee, particularly for individuals with ongoing applications for residency or certain permits. Notably, it covers situations involving recent certificates of application, Application Registration Cards (ARC), or individuals with refugee status. Important details in the form include employer and employee information, potential TUPE transfers, and a mandatory data protection statement to ensure confidentiality. Each section of the form must be carefully completed, as any omissions will lead to rejection, necessitating a thorough review of all requirements prior to submission. Once finalized, the completed form should be promptly emailed to the designated address to facilitate the verification process.

Form Sample

Employer checking service (ECS) enquiry form

Employers have a statutory duty to ensure that non UK/EEA employees have a right to work in the United Kingdom. In order to acquire a statutory excuse against liability for payment of a civil penalty for employing an illegal worker, an employer must undertake appropriate document checks prior to and during the period of employment. Relevant document(s) must be copied and retained.

Before using the Employer Checking Service please read the online guidance which can be found on the GOV.UK website.

This form should only be completed where an employer is seeking to confirm the right to work of an employee or a prospective employee who has:

an outstanding application/appeal for leave to remain in the UK that was made before their previous leave to enter or remain in the UK ended;

A Certificate of Applicationissued to or for a family member of an EEA national stating that the holder is permitted to take employment which is less than 6 months old;

an Application Registration Card (ARC card) stating Employment Permittedor Allowed to work

Refugee Status or Humanitarian Protection

All sections and fields of the form must be completed

Exception: Section 4 relates to validation of a specific document

Incomplete forms will be rejected

The completed form should be emailed to:

[email protected]

1.

Employer / labour supplier details

 

Contact name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Position

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business name:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Postcode:

 

 

Contact telephone:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact email:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business type:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer checking service (ECS)

 

 

 

 

 

 

 

 

 

enquiry form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

 

 

 

 

 

Employee details

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full name (including middle

 

 

 

 

 

 

 

 

 

 

 

 

names):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of birth:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nationality:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Personal address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Job title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hours per week

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

YES / NO

 

 

Start date of existing employee

 

 

 

Potential employee?

 

 

 

 

 

 

 

 

 

 

 

 

Employee acquired as a result

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of a TUPE transfer?

 

YES / NO

 

 

 

 

 

 

 

 

 

 

 

 

Date of TUPE transfer:

 

 

 

 

 

 

Transfer of Undertakings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Protection of Employment)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.

 

 

 

Reference Number of ongoing application

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.

When presented with an Application Registration Card (ARC) stating ‘Employment Permitted’ or ‘Allowed to work’ we will only

validate it when both of these boxes have been completed.

IFB Reference

(top left corner on reverse of card)

ARC Serial Number

(top left corner on reverse of card)

Mandatory - Data Protection statement

I confirm that the individual named above has been informed that a work status check may be carried out and has given permission for their personal information to be shared with UKVI for these purposes. I understand that these details may be held by the UKVI.

(The response from UKVI will also contain personal data and should be treated accordingly.)

Please confirm that you have read, understood and complied with the Data Protection statement above:

(Double click the box and select

‘Checked’ as the default value )

Document Specifications

Fact Name Details
Employer's Duty Employers must ensure that non UK/EEA employees have a right to work in the United Kingdom.
Statutory Excuse To avoid penalties for hiring illegal workers, an employer must conduct document checks before and during employment.
Document Retention Relevant documents must be copied and retained for the duration of employment.
Form Purpose This form is for confirming the right to work for an employee or prospective employee under specific conditions.
Form Completion All sections of the form must be filled out completely, except for Section 4 related to document validation.
Incomplete Forms Forms that are not fully completed will be rejected and not processed.
Email Submission The completed form should be sent to [email protected].
Data Protection A statement regarding data protection must be confirmed by the employer, reflecting compliance with sharing personal information with UKVI.

Steps to Filling Out Employment Checking Service

Completing the Employment Checking Service form requires careful attention to detail. After filling out the form, employers will submit it to check the work status of a current or potential employee. This process is essential for ensuring compliance with UK employment laws.

  1. Begin with the Employer / labour supplier details section. Fill in the following information:
    • Contact name
    • Position
    • Business name
    • Address
    • Postcode
    • Contact telephone
    • Contact email
    • Business type
  2. Proceed to the Employee details section. Provide these details:
    • Full name (including middle names)
    • Date of birth
    • Nationality
    • Personal address
    • Job title
    • Hours per week
    • Start date of existing employee
    • Potential employee? (YES / NO)
    • Employee acquired as a result of a TUPE transfer? (YES / NO)
    • Date of TUPE transfer
  3. In the Reference Number of ongoing application section, provide the necessary reference number.
  4. If applicable, fill out section 4 by providing the following information for Application Registration Cards (ARC):
    • IFB Reference (top left corner on reverse of card)
    • ARC Serial Number (top left corner on reverse of card)
  5. Complete the Mandatory - Data Protection statement by confirming the individual named has been informed about the work status check. Check the appropriate box to confirm understanding of data sharing with UKVI.
  6. Finally, review all entries for accuracy. Ensure that all necessary sections are completed, as incomplete forms will be rejected.

Email the completed form to [email protected] to finalize the process.

More About Employment Checking Service

What is the purpose of the Employment Checking Service (ECS) form?

The Employment Checking Service form is used by employers in the United Kingdom to verify that their employees or potential employees have the right to work in the UK. Completing this form helps employers avoid civil penalties associated with hiring individuals without the necessary work permissions.

Who needs to complete the ECS form?

The ECS form should be completed by employers seeking to confirm the right to work for existing employees or job candidates with specific circumstances. These may include those with ongoing applications for leave to remain, certain valid documentation from EEA nationals, or individuals with Refugee Status or Humanitarian Protection.

What information must be provided on the ECS form?

All sections of the ECS form must be fully completed. Required information includes employer details, employee's full name, date of birth, nationality, personal address, job title, and any relevant information related to ongoing applications or TUPE transfers. Missing any required fields will lead to the form being rejected.

How do I submit the completed ECS form?

Once the form is completed, it should be emailed directly to [email protected]. Ensure that all sections are properly filled out to avoid delays in processing.

What should I do if my form is rejected?

If your ECS form is rejected, review the submission to determine which parts were incomplete or incorrect. Make the necessary corrections and then resubmit the form to the provided email address.

What is the Data Protection statement about?

The Data Protection statement ensures that the individual whose work status is being checked is aware that their personal information will be shared with UK Visas and Immigration (UKVI). It is important that employers obtain permission from the employee before submitting this form to comply with data protection regulations.

Can the ECS form be used for all employees?

Not all employees are covered by the ECS process. This form specifically caters to those with limited documentation regarding their right to work status. It is essential to determine if the individual qualifies under the guidelines set forth in the UK governing policies.

How long does it take to receive a response after submitting the ECS form?

The response time may vary, but typically, employers should expect to hear back from UKVI within a few working days. It is advisable to allow ample time for this process to avoid any employment issues.

What happens if the employee’s status cannot be confirmed?

If an employee's right to work status cannot be confirmed through the ECS, the employer is advised to seek further guidance and may need to consider other actions regarding the individual's employment status in accordance with legal requirements.

Where can I find more information about the ECS?

Additional guidance on the ECS and the employment checking process can be found on the GOV.UK website. It is recommended that employers familiarize themselves with these resources to ensure compliance with regulations.

Common mistakes

  1. Leaving sections incomplete. All sections of the Employment Checking Service form must be filled out completely. If any fields are left blank, the form will be rejected. Employers should carefully check each section before submission.

  2. Failing to provide correct documentation. Each application requires specific documents to confirm an employee’s right to work. Ensure that the correct type of document is presented. For instance, if an Application Registration Card is used, both necessary boxes need to be checked off. Missing documents or incorrect ones can lead to a denial of the inquiry.

  3. Not checking the applicant's eligibility status. Employers sometimes forget to verify whether the employee or prospective employee is eligible for the right to work. Check if the individual has an outstanding application or a relevant document. This step can prevent potential liabilities for employing someone without the right to work.

  4. Ignoring the Data Protection statement. Some employers may overlook the mandatory Data Protection statement. It is crucial to confirm that the individual is aware of the work status check and has consented to share their personal information. Failure to do so can result in legal concerns and complications with the submission.

  5. Neglecting to review the completed form. After filling out the form, employers sometimes submit it without reviewing. Mistakes in spelling, contact information, or dates can lead to delays or rejection. Always double-check the submitted information to ensure accuracy.

Documents used along the form

The Employment Checking Service (ECS) form is a critical document for employers in the United Kingdom to verify the right to work for non-UK/EEA employees. Alongside this form, several other documents are often used in the employment verification process. These documents help ensure compliance with the law and facilitate proper employment practices. Below is a list of additional forms and documents commonly utilized in conjunction with the ECS form.

  • Proof of Identity Documents: Employers often require identification documents, such as a passport or national identity card, to confirm the identity of prospective employees. These documents must be valid and verify the individual’s nationality.
  • Right to Work Checklist: This checklist guides employers through the required steps for verifying an employee’s right to work. It outlines acceptable documents, verification methods, and retention requirements to uphold compliance with UK employment law.
  • Application Registration Card (ARC): The ARC is issued to individuals with certain immigration applications pending. It indicates eligibility to work and must be validated by employers to ensure the individual can be legally employed.
  • Certificate of Application: This document is issued to family members of EEA nationals, confirming that the holder is permitted to work. Employers must ensure it is less than six months old during employment verification.
  • Data Protection Compliance Form: This form confirms that the applicant understands how their personal information will be used and shared with the relevant authorities. It is essential for compliance with Data Protection regulations during the verification process.
  • Reference Number for Ongoing Application: Employers may require this reference for individuals with pending immigration applications. This allows for proper tracking and acknowledgment of the candidate’s work eligibility status throughout the employment process.

Utilizing these documents alongside the Employment Checking Service form is crucial for employers to comply with statutory obligations in the UK. These forms help create an organized and lawful hiring process, safeguarding both the employer and the employee.

Similar forms

The Employment Eligibility Verification Form, commonly known as Form I-9, serves a similar purpose in the United States. Employers use this document to verify that an employee is legally permitted to work in the country. It requires individuals to present specific identification and employment eligibility documents. Like the Employment Checking Service form, the I-9 aims to prevent unlawful employment by ensuring that companies confirm an employee's work authorization before or at the time of their hiring. Both forms necessitate documentation retention for compliance, highlighting the importance of record-keeping in employment practices.

The Social Security Administration's Form SS-5 is another relevant document. This form is used to apply for a Social Security Number (SSN), which is essential for individuals seeking employment in the U.S. Employers often request this information to ensure that potential employees have a valid SSN that facilitates proper tax reporting and Social Security benefits. Much like the Employer Checking Service form, the SS-5 requires personal details and supporting documents to verify identity and eligibility, emphasizing the significance of compliance with statutory requirements.

The Affidavit of Support Form I-864 can also be compared to the Employment Checking Service form. This document is required for certain immigration processes in the U.S. and demonstrates that the sponsor has sufficient income to support the immigrant. While its primary purpose differs from that of employment verification, both forms involve an obligation on the part of employers or sponsors to provide supporting documentation to affirm an individual's eligibility, ensuring that responsibilities towards the employee or immigrant are met.

Lastly, the DOL's Wage and Hour Division's Certification of Employment (WH-514) serves as another similar document. This form is used to certify compliance with wage laws and can be a prerequisite for employers seeking to verify claims about an employee's work status, especially in cases involving labor standards. Just as the Employment Checking Service form supports employers in navigating statutory requirements, the WH-514 solidifies the importance of maintaining lawful employment practices to avoid penalties and ensure fair treatment of employees.

Dos and Don'ts

When filling out the Employment Checking Service (ECS) form, it’s crucial to follow certain best practices to ensure accuracy and adherence to regulations. Here’s a list of dos and don’ts that can guide you through this process:

  • DO read the online guidance available on the GOV.UK website before starting the form.
  • DO complete all sections and fields of the form. Incomplete forms will be rejected.
  • DO provide accurate contact details of the employer or labor supplier to prevent any communication issues.
  • DO ensure that any relevant document checks have been conducted prior to filling out the form.
  • DO confirm that the individual has been informed about the work status check and has consented to share their personal information.
  • DON'T skip Section 4 unless you are not validating an Application Registration Card (ARC).
  • DON'T forget to double-check all entered information for accuracy before submitting the form via email.

By keeping these tips in mind, you can help ensure that the ECS form is completed correctly, facilitating the right verification of employment status.

Misconceptions

Understanding the Employment Checking Service (ECS) form is crucial for employers who want to verify their employees’ right to work in the UK. However, several misconceptions can lead to misunderstandings. Here are some common ones:

  • It’s optional to use the ECS form. Some employers believe using the ECS form is optional. In reality, filling it out is vital for confirming an employee's right to work and avoiding potential penalties.
  • Only British citizens need to be checked. This is not true. Employers must check the right to work for all employees, regardless of their nationality. There are specific checks for non-UK and non-EEA workers.
  • Incomplete submissions are acceptable. A common mistake is assuming that incomplete forms will still be processed. The form must be fully completed; otherwise, it will be rejected.
  • The ECS form guarantees employment eligibility. Employers often think that submitting the ECS form guarantees that an employee can work legally. While it is an essential step, it only confirms an individual's status at the time of inquiry.
  • Data protection obligations can be overlooked. Some may think that when sharing personal information for the ECS, data protection rules don’t apply. This is incorrect. Employers must ensure they comply with data protection laws during the process.
  • The ECS form can be submitted anytime. Employers sometimes assume that they can submit the form at any point in the employment process. However, it’s preferable to use the ECS form before commencing employment to ensure compliance with the law.

Awareness of these misconceptions can help employers navigate the ECS process more effectively and maintain compliance with UK employment laws.

Key takeaways

Completing the Employment Checking Service form is a critical step for employers seeking to comply with UK labor laws. Here are several key takeaways to consider:

  1. Understanding Purpose: This form is designed for employers who need to confirm an employee's or prospective employee's right to work in the UK.
  2. Know the Eligibility Criteria: Ensure that the individual has one of the following: an outstanding leave to remain application, a valid Certificate of Application, an Application Registration Card (ARC) stating ‘Employment Permitted’, or refugee status.
  3. Complete All Sections: Every section of the form must be filled out completely. Incomplete forms will be rejected.
  4. Email the Form: Once completed, the form should be emailed to [email protected]. Double-check the email address for accuracy.
  5. Data Protection Compliance: The form requires a confirmation that the individual understands their personal information may be shared. This step is vital to comply with data protection laws.
  6. Documentation Checks: Employers must keep copies of relevant documents as part of maintaining a statutory excuse against liability for employing an illegal worker.
  7. Follow Online Guidance: It is recommended to read the online guidance available on the GOV.UK website before filling out the form. This can provide clarity and avoid errors.
  8. TUPE Transfers: If the employee was acquired through a Transfer of Undertakings (Protection of Employment), ensure to provide the relevant TUPE transfer date and confirm their status.
  9. Response Time: Be aware that responses from the Employer Checking Service may take some time. Plan accordingly to avoid delays in employment commencement.

Being methodical while filling out this form can help ensure compliance and protect both employer and employee rights.