Right to work checks in the UK: overview and implications
Joanna Rose · Posted on: February 25th 2025 · read
Right to work checks are a legal requirement for all UK employers to ensure that their employees have the legal right to work in the UK.
These checks are part of an employer’s responsibilities under the Immigration, Asylum, and Nationality Act 2006. Conducting these checks properly protects employers from employing illegal workers and avoids substantial penalties.
What Are Right to Work Checks?
Right to work checks are a legal requirement for all UK employers to ensure that their employees have the legal right to work in the UK. These checks are part of an employer’s responsibilities under the Immigration, Asylum, and Nationality Act 2006. Conducting these checks properly and prior to the first day of employment protects employers from employing illegal workers and avoids substantial penalties.
How to Conduct Right to Work Checks
Employers must follow a structured process when verifying an employee’s right to work prior to their first date of employment. This includes:
Obtaining the Employee’s Documents: Employers must request and review acceptable identification documents (e.g., passports, biometric residence permits).
Checking Validity: Verify that the documents are genuine, unaltered, and relate to the individual.
- Ensure that any work restrictions are observed.
- Confirm that the photo and date of birth match the individual.
Copy and Retain: Keep clear copies of the documents and record the date the check was completed including that the document is a copy of an original document.
Use the Home Office’s Online Right to Work Checking Service: This is mandatory for workers holding an eVisa, permit, or a frontier worker permit.
Types of Checks
Manual Checks: For documents like a UK or Irish passport.
Online Checks: Required for individuals with a digital immigration status.
Employer Checking Service (ECS): Used in situations where an individual’s status cannot be confirmed through manual or online checks (e.g., pending immigration applications).
As of 13 February 2024, Employers can be fined up to £45,000 per illegal worker if they fail to conduct appropriate checks.
Implications of Failing to Conduct Proper Checks
Failing to comply with right to work requirements can lead to severe consequences:
Civil Penalties: - As of 13 February 2024, Employers can be fined up to £45,000 per illegal worker if they fail to conduct appropriate checks. Repeat offenders can be fined up to £60,000 per worker.
This penalty applies if the employer is found to have employed someone who does not have the right to work, even unknowingly.
A staff member who works illegally also commits a criminal offence. This can lead to all wages being confiscated as proceeds of crime, a fine and up to 6 months imprisonment.
Criminal Liability: - Employers who knowingly employ someone without the right to work face unlimited fines and up to five years’ imprisonment.
Reputational Damage: - Publicised violations can harm an employer’s reputation, affecting customer trust and future recruitment.
Suspension of Sponsor Licence: - For businesses sponsoring overseas workers, failing to comply with right to work obligations can lead to suspension or revocation of their sponsor licence, disrupting operations.
Loss of Workforce: - Employees found to have no right to work must be terminated immediately, which can disrupt staffing and operations.
Avoiding Mistakes To reduce the risk of noncompliance:
Train Teams: Ensure HR personnel are fully aware of the latest legal requirements and procedures. Where there is no HR team in place ensure that individuals conducting right to work checks understand how the checks should be completed and the consequences of getting things wrong.
Implement Robust Processes: Regularly review and update right to work policies and practices.
Conduct Audits: Periodically audit right to work records to identify and address any gaps.
Seek Legal Advice: Consult immigration law specialists when dealing with complex cases or ambiguous documentation. By adhering to these requirements, employers can avoid costly penalties, maintain compliance with UK immigration law, and foster a legally secure workplace.
Our expert's final thoughts
"At MHA HR Solutions we can assist You with ensuring that you have the correct Right to Work check processes in place and are in the best position to obtain a statutory excuse against liability for illegal working. As Level 1 Immigration advisors, regulated by the IAA, we are able to advise you in more complex cases."
