When a school takes a previously out-sourced service, such as cleaning or care-taking, back into in-house provision, the staff involved in delivering the service will normally transfer into the schools’ employment under TUPE. To avoid liability for illegal employment following a TUPE transfer the school is required to check employees’ right to work documentation to comply with the Immigration, Asylum and Nationality Act 2006. Employers may be fined up to £20,000 per illegally employed worker unless they can prove that they checked the prospective worker's right to work in the United Kingdom. It is not recommended that you rely on checks made by the previous employer as they may be insufficient to provide you with legal protection. You are provided with a grace period of 60 days from the date of the transfer of the service, to correctly carry out your first statutory document checks in respect of the transferred employees. There is no such grace period for any subsequent follow-up checks.
A ‘Right to Work Checklist’ can be found on the GOV.UK website here
"