Right to Work checks for volunteers, trustees, etc. - General - HR in Schools and Academies

6 Right to Work checks for volunteers, trustees, etc.

24 Jun, 2021 13:23

Hi everyone,

I wondered if anyone could share guidance / requirements around right to work checks for non-employed personnel (Trustees / Governors / Volunteers).

Is this required for unpaid positions (there may be a chance governors / trustees will claim expenses)?

Any advice appreciated. Thanks

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Elizabeth Divver | 0 Posts

24 Jun, 2021 16:39

Hi Kathryn

You don't need to carry out right to work checks for volunteers or trustees. I have never worked in an organisation with governors but maybe someone else will comment. What you will need are clear administrative processes so that expense payments cannot be misinterpreted as remuneration, e.g. a policy on what expenses will be covered, a sign-off procedure and evidence of the expenditure in the form of a receipt.
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Alex | 0 Posts

25 Jun, 2021 14:05

Hi Kathryn

Yes you do need to do RTW checks for Governors and Trustees, I understand it is part of The Education (Independent School Standards) Regulations 2014. KCSIE also says this should be recorded on your single central record.
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Ruth Gibson | 0 Posts

12 Jul, 2021 13:30

Hi Kathryn - yes absolutely you need to undertake a right to work check on any arrangement that is using public money - this check will also identify whether the individual can not only work but also live in the UK.
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Nina Waters | 0 Posts

12 Jul, 2021 14:17

You'll need to do the appropriate checks for your single central register, based on the specific role. For our school, we have two types of governor - one that's a trustee, and one that's not (complicated structure!), so the actual checks required are different.
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Elizabeth Divver | 0 Posts

12 Jul, 2021 19:31

But these people are not being employed. There are checks you need to do, e.g. that your trustees are fit and proper persons to act as trustees, but do you actually need to check their right to work in the UK when they are not being offered employment? What is the public money that is being spent here?
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Nina Waters | 0 Posts

13 Jul, 2021 10:28

In reply to Elizabeth Divver:
In schools the checks are more in relation to their access to pupils, the school site, and pupil information.
The regulations state that we need to do an enhanced criminal record check and barred list check (where relevant - usually if they are involved in regulated activity and are not supervised); checks confirming the governor's identity and right to work in the UK; and any international checks relevant to the person having lived or worked outside the UK.
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