SNAK Restaurants Limited T/A McDonald’s

Right to Work in the UK Policy

At McDonald’s, we take our responsibility to prevent illegal working seriously. We’re
committed to equality of opportunity in our recruitment, selection and employment
practices. To prevent discrimination, we treat all applicants in the same way and ask that
our partner TrustID conducts checks and validates the right to work for all our people
before they can start work.

Who are TRUSTID?

TRUSTID (“TRUSTID”) are a third-party Right to Work checking service, who complete
identity document verification and validation. The programme ultimately delivers a
system that collects, validates and passes all candidates’ right to work information to
MYSTUFF 2.0. This allows ongoing audit and management of visa renewals and schedule
restrictions, with a significant reduction in management time and the requirement for
knowledge in this area. Using TRUSTID helps to simplify things for the restaurant,
removing complexity, providing protection from the impacts of potential breaches and to
realise economies in administration and training costs.

Crucial Bits
How it works – summary of the candidate journey
• Candidate attends interview. If successful, they receive a conditional offer of
employment
• Candidate submits their Right to Work documentation via TrustID as part of their
MyWelcome onboarding journey
• TrustID carries out check and provides Manager with a response via MyWelcome

*TrustID require the candidate to upload one or a combination of documents to evidence

their right to work. For acceptable documents click here.

These are the only documents which will be accepted as a right to work check. When a
new candidate submits their right to work application it is sent to TRUSTID, where they
will review the documents and verify their validity – including providing confirmation as
to whether the new candidate is eligible to work in the UK in the role in question.
TRUSTID will also confirm if there are any restrictions on the new candidate’s right to
work which the manager needs to be aware of.

Managers should make themselves familiar with the information TRUSTID sends to the
candidate should they get asked any questions. Check out the TrustID guidance that can
be found on Workplace for further information.

Welcome Meeting
Once successful, new starters must bring the original documents provided to TRUSTID to
their Welcome Meeting. At the Welcome Meeting, using the report provided by TrustID
(available to view from MyWelcome or MYSTUFF 2.0), the original documents need to be
checked and verified against the documents submitted to TRUSTID. The documents also

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need to be checked to ensure that they are genuine upon a reasonable

inspection (although we are not required to detect forgeries). For example, we will need
to check that the photograph is a likeness of the candidate and that the date of birth
appears to match the appearance. Despite using TRUSTID, it is still important that we also
carry out our own check to satisfy ourselves that the new starter has the right to work in
the UK in the job in question.

Carrying out checks at the Welcome Meeting

When the person conducting the check is satisfied that the documentation provided by
the candidate matches what was originally sent to TRUSTID, they must confirm that a
check has taken place. This is done by accessing MYSTUFF 2.0 and pressing ‘Approve’ on
the Right to Work alert that appears for that employee. This will produce a timestamped
record that the original documents for the candidate have been checked, who completed
the check and when the check took place. This record will be available to view at a later
date via the Right to Work audit report on MYSTUFF 2.0.

More Info
What is a right to work check?
We at McDonald’s play an important role in preventing illegal working in the UK. Right to
work checks are a procedure we undertake using *TRUSTID to ensure that our
prospective and current employees have permission to work in the UK for the duration
of their employment with McDonald’s.
*TRUSTID require the candidate to upload one or a combination of documents to
evidence their right to work. For acceptable documents click here.

Why do we need to do checks?

We have a duty to prevent illegal working in the UK. Right to work checks enable us to do
this by using TRUSTID to check that we are only employing people who have permission
to work in the UK. This prevents or makes it difficult for those who are not allowed to
work in the UK to undertake unlawful employment.

Carrying out and keeping a correct record of a right to work check on MYSTUFF 2.0 gives
us a statutory excuse or a defence against civil or criminal sanctions. If we don’t
undertake a right to work check properly using TRUSTID and we employ someone who
is not allowed to work, then we can face a civil penalty or even worse be prosecuted for a
criminal offence. This is even in the event that the incorrect check was done by accident
or through no fault of our own.

When do we need to conduct a right to work check?

We need to conduct an initial right to work check before a candidate starts employment
with us. We use TRUSTID to complete this check for us.

Further checks may need to be carried out during the course of an employee’s
employment depending on the type of document the new employee provides. TRUSTID
will complete this check for us.

Who do we conduct right to work checks on?

We need to conduct right to work checks on all new employees. TRUSTID complete these

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checks on our behalf. However, we do still need to do a direct check

ourselves by checking the original document and satisfying ourselves that they have the
right to work.

We should not directly or indirectly discriminate and must not make assumptions about
a person’s right to work in the UK or their immigration status.

How do we conduct a check?

There is a 3 step process to conducting the right to work check properly:
• Step 1 – Obtain
We need to see the original documents (photocopies or electronic copies will not
suffice as evidence of their Right to Work) from either List A or List B of acceptable
documents provided to TRUSTID. We carry out these checks at the Welcome Meeting.

• Step 2 – Check
We must check that the original documents provided are genuine. We are not
expected to detect forgeries. The document must appear genuine on reasonable
inspection. We need to check that the photograph is a likeness of the candidate and
that the date of birth matches the appearance of the candidate. TRUSTID will check
that any expiry dates have not passed and that there is no restriction on the proposed
time and duration of work. If the candidate has a different name to that on the
document then appropriate documentation will need to be seen to confirm the name
difference e.g. marriage certificate, change in name deed poll.

• Step 3 – Copy
TRUSTID take copies of the document provided by the prospective employee and
produce a Right to Work report which is stored on MYSTUFF 2.0. When we are
satisfied that the documentation provided by the candidate matches what was
originally sent to TRUSTID, we must confirm that a check has taken place.
This is done by accessing MYSTUFF 2.0, navigating to the approval notification for the
new employee and pressing ‘Approve’ on the candidate’s details. This will create a
timestamped record which includes the name of the manager undertaking the check,
when the check took place and that they confirm that they have seen the original
documents.

What are the consequences of failing to undertake a right to work check?

Under section 15 of the Immigration, Asylum and Nationality Act 2006 we may be liable
for a civil penalty if we employ someone who does not have a right to undertake the work
in question. We can face a civil penalty of up to £20,000 per illegal worker that we employ.
As a holder of a sponsorship management license, if we fail to conduct a right to work
check or receive a penalty we may risk losing our sponsorship licence.

What immigration changes have taken place as a result of Brexit?

Any EU National who arrives in the UK wanting to work (excluding Ireland as they remain
entitled to live and work in the UK) must have a valid right to work (RTW) status which
is not dependent upon free movement.

What are the new right to work checks for EU workers?

The Government implemented changes to the way that right to work checks are carried

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out on 1 July 2021.

It is vital, particularly for the recruitment of EU, EEA or Swiss Nationals, that you are
familiar with the updated requirements and implement the required changes to right to
work check processes.

What changed on 1 July 2021?

It’s no longer acceptable for us to accept an EU, EEA or Swiss passport or national identity
card as evidence of right to work for new recruits (except for Irish citizens).

What action should be taken?

The list of acceptable documentation to be provided by an employee (or potential
employee) for a manual right to work check on List A and List B also changed. We must
ensure that only documents from the updated version are accepted as evidence of a right
to work;

Ensure that processes conducted at the Welcome Meeting are updated and that managers
with responsibility for carrying out checks are clear on the new requirements.

For acceptable documents click here.

TRUSTID will continue to ensure the correct checks are carried out. Where a right to work
check confirms that there is a time limit on the EU employee’s right to work in the UK, a
follow-up check should be carried out prior to the expiry date.

Where can I find more information?

For more information on how to carry out right to work checks when checking original
documents, why you need to complete such checks and what documents you should
check, click here.

How does the TRUSTID Visa Renewal system work?

Where a candidate provides a time-limited document, such as a Student Share Code,
TRUSTID will register the expiry date of the document, which will then be recorded on
MYSTUFF 2.0. The same will be done for Positive Verification Notices.

If the candidates initial right to work application to work is successful and they are
employed, then 60 days before the expiry date of the right to work document (which they
initially provided to confirm their eligibility to work in the UK), the employee will receive
an email and MYSTUFF 2.0 notification informing them that their Right to Work
documentation is due to expire. At 28 days prior to document expiry, the employee will
receive a TrustID guestlink which includes the details they require to re-submit their new
documentary evidence. TrustID will then carry out a repeat check (including a check on
the Employers Checking Service if this is appropriate/required).

The alerts are as follows:

• 60 days - email and MYSTUFF 2.0 alert sent to employee to inform them they will
soon need to update their documents
• 28 days – email from TrustID which contains document(s) re-upload information.

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Business Manager/People Managers will also receive an email and

MYSTUFF 2.0 alert informing them that one of their employees have documents
that are due to expire.
• 14 days - if no documents have been uploaded, a reminder email and MYSTUFF
2.0 alert is sent (employee and Business Manager/People Manager)
• 7 days - if no documents have been uploaded, a 2nd reminder email and MYSTUFF
2.0 alert is sent (employee and Business Manager/People Managers)
• 2 days - if no documents have been uploaded, a 3rd reminder email and MYSTUFF
2.0 alert is sent (employee and Business Manager/People Manager)
• 1 day - if no documents have been uploaded, a final reminder email and MYSTUFF
2.0 alert is sent (employee and Business Manager/ People Manager)
• Expiry date - if documents have been uploaded then a repeat check will need to
be carried out using the process as described above. Again this will require a
check of the employee’s original document. If no documents have been uploaded,
then the employee’s new right to work application to continue to work for us may
be cancelled.

Employees who are no longer eligible to work in the UK

This section will apply if:
• it comes to our attention when carrying out follow up or repeat checks or
otherwise that the employee’s right to work in the UK has expired or is fraudulent
or;
• we are notified by TRUSTID of a Negative Verification Notice or;
• we are notified by TRUSTID that an employee has not provided further documents
proving their right to work in the UK within the required timeframe specified by
us or;
• the employee does not apply to extend or change their right to work in the UK
before the expiry of their current visa, or their application or appeal or application
for administrative review is unsuccessful and we cannot therefore continue with
their employment

The following process must be followed:

• 14 days before expiry of the employee’s visa or current right to work –
RTW1 - Investigation meeting letter sent to employee. Meeting scheduled for 7
days ahead of expiry date
• 7 days before expiry of the employee’s visa or current right to work -Investigation
meeting held. If no right to work presented, employee invited to Disciplinary
hearing on date of current right to work expiring, using RTW2 – Disciplinary
hearing
• On day of expiry, Disciplinary hearing held
• Expiry date +1 day - RTW3 – Written reasons letter should be sent to the
employee confirming the decision and providing reasons for it following the
hearing

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Investigation meeting
The purpose of the investigation meeting is to find out what the employee is doing to get
documents that show a continued right to work in the UK. The manager should also
explain that notes will be taken at this meeting. The employee must be given the right to
be accompanied. The employee must be given the opportunity to explain their
understanding of their right to work in the UK and ask any questions they may have. If
there is uncertainty about the employee’s permission to work in the UK, further guidance
should be sought from the People Services Helpdesk.

If no new documents are provided, the employee should be suspended with pay and
invited to a hearing using RTW2 – Disciplinary hearing. This meeting should be
arranged for the day that the documents expire and should explain that a potential
outcome may be termination of contract if the employee cannot evidence a right to
lawfully work in the UK. The employee should also be advised that if they have any
documents evidencing their right to work, or that they have applied for a new visa (or an
extension to the current visa), then these should be brought to the hearing.

If the employee produces new documents in the meeting, please contact the People
Services Helpdesk as they will liaise with TRUSTID to ensure the document is taken and
a record of a check completed as set out above. TRUSTID will also need to confirm
whether the employee has the ongoing right to work in the UK and for what period.

Whilst suspension of an employee offers the Company no protection against

prosecution/civil penalty, suspending the employee in line with this policy until the
hearing will demonstrate that we are taking steps to address the issue concerning the
employee’s right to work status.

Disciplinary hearing
At the hearing, the manager should try to establish why the employee has not provided
the documents requested by TRUSTID within the requested timeframe and what they are
doing to get them. At this point, they would have received a 3rd reminder. The manager
should explain the purpose of the hearing is to discuss the employee’s future employment
and that they need to understand whether the employee is legally able to work in the UK,
which the employee has been unable to demonstrate to date. The manager should also
explain that notes will be taken at this hearing. The employee must be given the right to
be accompanied.

The employee must be given the opportunity to explain their understanding of their right
to work in the UK and ask any questions they may have. If the employee has any
documents which they have brought with them, these must be considered. Any queries
about the documents should be directed to the People Services Helpdesk and the meeting
adjourned.

If no documents are provided by the employee and/or the employee cannot reasonably
demonstrate their right to work in the UK then a decision will need to be made about the
employee’s employment with the Company. The employee should be informed verbally
at the meeting and informed that written reasons (RTW3 – Written reasons) will be

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posted to the employee following the hearing. Additional advice can be

provided by People Services Helpdesk, if required. The employee should also be advised
that they have the right to appeal within 14 days.

Written reasons will in most cases state that the employee has been unable to
demonstrate their ongoing right to lawfully work in the UK. However, it should also be
stated in the alternative that after a reasonable investigation, it is the Company’s
reasonable belief that the employee is no longer eligible to work in the UK. This provides
a safeguard in cases where it is unclear as to the immigration status of the employee (for
example, if the employee cannot provide documents from either List A or B, or cannot
evidence that they have submitted an application for a new/extension to a current visa
in time before the expiry of their visa). This letter should include dates of all meetings
that have taken place with the employee during the investigation process, the requests
for documents from the employee and the managers’ considerations before taking the
decision to terminate their employment.
Pay in lieu of notice will not normally be paid if an employee’s contract is terminated on
the grounds that they are not eligible to work in the UK and/or the Company has
reasonable belief that the employee is not eligible to work in the UK. The employee will
only receive pay and accrued holiday, up to the termination date (this being the last day
the employee could legally work).

Right of Appeal
The employee has the right to appeal the decision to terminate their employment under
the appeal procedure within 14 days. The employee should be notified of their right to
appeal in the written reasons letter.

In cases where there is the possibility of re-engagement or reinstatement to the

employee’s former role either during the appeals process or thereafter at a later date,
please contact the People Services Helpdesk.

Further Support
EU Settlement Scheme (EUSS)
If you or any of your employees have questions regarding the EUSS, visit
www.gov.uk/eusettledstatus

People Services Helpdesk

If you have any questions…

If you’ve got any questions, speak to your manager, or get in touch with our People Services
Helpdesk, using their online portal: People Services Portal | Live Chat

Please be aware that this policy isn’t contractual and may be amended at any time.

Snak Restaurants Limited T/A McDonald’s