This is a survey of expert views on the issues and challenges marginalised populations face while proving their right to work: error messages, racial bias, discrimination, and potential data breaches.
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 liability for a civil penalty if an employer is found to have employed a person 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.
Digitisation 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 experts to share their expert opinions about proving the right to work in the UK by underrepresented groups (migrants, including refugees, people seeking asylum, and the Roma communities) such as by share codes as required by the employment and immigration laws. The survey will help form a comprehensive research and a body of evidence for a potential litigation.
We have a separate survey for people with lived experience to capture their personal experiences.
The results of this survey will be used as evidence for potential litigation challenging the checks.
Information about the collected data
This survey offers the option of anonymity. However, please include your name if you are okay with it.
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 the 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.