UK Visas and Immigration Publishes Draft Code of Practice for Employers on Avoiding Discrimination While Preventing Ille

Current rules

Employers have a legal duty to prevent illegal working by ensuring all employees have the requisite right to work in the UK. This DRAFT Code of Practice, issued under section 23(1) of the Immigration, Asylum and Nationality Act 2006 (IANA 2006), provides practical guidance on how employers should avoid unlawful discrimination contrary to the Equality Act 2010 (in Great Britain) and relevant legislation in Northern Ireland (such as the Race Relations (Northern Ireland) 1997 Order, as amended) when complying with this duty, particularly when carrying out 'right to work' checks during recruitment or employment. The code focuses on avoiding race discrimination, which includes colour, nationality, or ethnic or national origins. It applies to all employers in England, Scotland, Wales, and Northern Ireland, including organisations like employment and recruitment agencies. It specifies that employers must not discriminate because of race in recruitment arrangements, employment terms, refusing employment, terms of employment provided, access to training, promotion, transfer, facilities, services or other benefits, or by dismissing or subjecting workers to detriment. Employers must also not subject job applicants or workers to harassment under the relevant Acts. Direct discrimination, such as not interviewing individuals from certain nationalities due to assumptions about their right to work, or carrying out checks for foreign nationals but not UK-born colleagues, is prohibited unless a statutory exception exists. Indirect discrimination, where a policy disadvantages a group sharing a protected characteristic (e.g., requiring five years of UK residency before employment), is unlawful unless objectively justifiable.

Overview

The UK Visas and Immigration (UKVI) has issued a draft Code of Practice for employers, which comes into force on 1 October 2026. This updated guidance is designed to assist employers in fulfilling their legal duty to prevent illegal working whilst also avoiding unlawful discrimination under the Equality Act 2010 and relevant Northern Ireland legislation. The Code specifically focuses on preventing race discrimination during 'right to work' checks, impacting all employers across the UK who recruit or employ individuals from this date onwards.

What changed in the latest version

This updated Code of Practice is crucial for employers across the UK as it clarifies their obligations to prevent illegal working without unlawfully discriminating against individuals. Employers must meticulously follow the guidance to ensure their right to work check processes comply with both immigration and equality legislation. Failure to adhere to the code can result in liability for a civil penalty for illegal working and potential claims of unlawful discrimination. Employers must review their recruitment, hiring, and employment practices to eliminate any direct or indirect discrimination based on protected characteristics like race. Specific practices, such as automatically dismissing overseas qualifications or only conducting right to work checks for non-British individuals, are highlighted as discriminatory and must cease. Public authorities have additional duties under the public sector equality duty, requiring them to eliminate discrimination, advance equality of opportunity, and foster good relations. This means all employers must ensure their policies and actions are objectively justifiable and do not disproportionately disadvantage any group.

Explained simply

Imagine your boss needs to check if you're allowed to work in the UK. This new rule, starting on 1 October 2026, is like a guide for bosses to make sure they do these checks fairly, without being mean to anyone because of their background or where they come from. It's about checking everyone properly, not just picking on people who look or sound different.

Frequently asked

Version history

1. v1Effective 1 Oct 2026EffectiveHigh impact
   UK Visas and Immigration Publishes Draft Code of Practice for Employers on Avoiding Discrimination While Preventing Illegal Working

   The UK government has issued a DRAFT Code of Practice for employers, effective from 1 October 2026, to guide compliance with right to work checks while avoiding unlawful discrimination. This code, issued under the Immigration, Asylum and Nationality Act 2006, specifically addresses avoiding race discrimination as defined by the Equality Act 2010 and Northern Ireland legislation. It applies to all employers in the UK and sets out principles to prevent direct and indirect discrimination during recruitment and employment processes related to immigration status. Employers must conduct prescribed right to work checks but avoid practices such as rejecting job applicants based on nationality or applying disparate checks to different groups.