Captured statutory text (L5)
4B Excusal from paying civil penalty: Home Office online right to work checking service
(1)To the extent provided for by paragraphs (2) and (3), an employer is excused from paying a penalty under section 15 of the 2006 Act if—
(a)the employer uses the Home Office online right to work checking service in respect of an employee;
(b)the online right to work check confirms that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question;
(c)the employer has satisfied himself that any photograph on the online right to work check is of the employee;
(d)the employer retains a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; and
(e)the employer complies, if applicable, with the requirement in article 6(2).
(2)Subject to article 5, an employer is excused under this article from paying a penalty under section 15 of the 2006 Act—
(a)where the online right to work check confirms that the employee has leave to enter or remain on the date that the online right to work check is conducted, for the period for which the online right to work check confirms that the employee named in it is permitted to carry out the work in question;
(b)where the online right to work check confirms that the employee has a right to work on the date of the check by virtue of a pending application, administrative review or appeal, for six months beginning with the date of the check.
(3)If, on the date on which the period specified in paragraph (2)(a) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal or administrative review pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2)(a) expires and ending—
(a)after 28 days, or
(b)if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Full captured verbatim text
(1) To the extent provided for by paragraphs (2) and (3), an employer is excused from paying a penalty under section 15 of the 2006 Act if— (a) the employer uses the Home Office online right to work checking service in respect of an employee; (b) the online right to work check confirms that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question; (c) the employer has satisfied himself that any photograph on the online right to work check is of the employee; (d) the employer retains a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; and (e) the employer complies, if applicable, with the requirement in article 6(2). (2) Subject to article 5, an employer is excused under this article from paying a penalty under section 15 of the 2006 Act— (a) where the online right to work check confirms that the employee has leave to enter or remain on the date that the online right to work check is conducted, for the period for which the online right to work check confirms that the employee named in it is permitted to carry out the work in question; (b) where the online right to work check confirms that the employee has a right to work on the date of the check by virtue of a pending application, administrative review or appeal, for six months beginning with the date of the check. (3) If, on the date on which the period specified in paragraph (2)(a) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal or administrative review pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2)(a) expires and ending— (a) after 28 days, or (b) if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .