Right to work checks protect your business, but small mistakes can still lead to serious trouble. UK employers must follow Home Office guidance and check every worker before they start. Missed steps can expose you to civil penalties if an illegal worker slips through.
You avoid civil penalties by completing the correct right to work check on time, keeping clear records, and carrying out repeat checks when a person has time-limited permission to work. When you follow the legal framework and document each check, you build a statutory excuse that protects your business.
This article shows how right to work checks work in practice, where HR teams often go wrong, and how to stay compliant. You will see how repeat checks, proper records, and simple processes help you prevent illegal working and meet Home Office rules with confidence.
Essential Legal Framework and Employer Responsibilities
UK law places clear duties on you to prevent illegal working. You must follow set check methods, keep proper records, and act at the right time to protect your business from fines, licence action, and criminal risk.
Understanding Statutory Excuse and Liability
A statutory excuse protects you from a civil penalty if you carry out right to work checks correctly. You must complete the check before employment starts and follow the Home Office rules in force at that time.
You need to use one of the approved methods: a manual document check, an online Home Office check, or an Identity Service Provider for eligible British and Irish citizens. You must copy documents or keep digital records and record the check date.
If a worker has time-limited permission, you must do a repeat check before their right to work expires. Missing this step removes your statutory excuse and exposes you to liability.
Key Legislation Governing Right to Work
Several laws shape your right to work duties. The Immigration, Asylum and Nationality Act 2006 sets out the requirement to prevent illegal working and introduces civil penalties.
The Immigration Act 1971 provides the foundation of UK immigration control. It defines who can work and under what conditions.
The Immigration Act 2016 strengthens enforcement. It increases penalties and expands criminal offences for employers who knowingly employ illegal workers.
The Home Office issues detailed guidance on how to meet these legal duties. You must follow this guidance to rely on a statutory excuse, especially in business immigration and sponsored roles.
Consequences of Non-Compliance
If you fail to comply, the Home Office may issue a civil penalty notice. Penalties can reach £60,000 per illegal worker, depending on the breach and your history.
Serious cases can lead to criminal sanctions, including fines and imprisonment. This applies where you knew, or had reasonable cause to believe, the person lacked the right to work.
Non-compliance also risks reputational damage. Public penalty notices can affect trust with clients, investors, and regulators.
If you hold a sponsor licence, breaches may lead to suspension or revocation. This can stop you from hiring overseas workers and disrupt long-term workforce planning.
Types and Methods of Right to Work Checks
UK law allows several ways to complete right to work checks. Each method has strict steps, timing rules, and record‑keeping duties. You must choose the correct method based on the worker’s status and documents.
Manual Document Verification
You can use a manual right to work check when a worker holds valid physical documents. You must see the original documents in person or by live video call, not by email alone.
Check that photos match the person and that dates allow the work offered. Look for signs of changes or damage. You must keep clear copies and record the check date.
Key points you must follow:
- Use documents from the Home Office approved list
- Complete the check before employment starts
- Store copies securely for the length of employment plus two years
Manual right to work checks often need repeat checks. This applies when documents show a time‑limited right to work.
Digital and Online Right to Work Checks
Some workers can use the Home Office online service instead of documents. This includes many visa holders with an eVisa.
You ask the worker for a share code and date of birth. You then view their status on the Home Office portal. You must check the photo against the person.
Digital right to work checks reduce handling errors but still require care. You must save proof of the check and record the date.
Common uses include:
- Skilled Worker visa holders
- Students with work limits
- Workers with settled or pre‑settled status
An online right to work check removes the need for repeat checks when the status shows no expiry.
Identity Service Provider Checks
An Identity Service Provider (IDSP) can complete digital verification for British and Irish passport holders. This process uses IDVT and approved digital right‑to‑work tools.
You remain legally responsible even when you use an IDSP. You must confirm the worker matches the verified identity and keep all records.
IDSP checks suit remote hiring and high‑volume roles. They do not cover visa holders or manual documents.
You should ensure:
- The IDSP is Home Office certified
- The check completes before work starts
- You retain the output report and date
Using uncertified providers can remove your statutory excuse.
Employer Checking Service and Positive Verification
You must use the Employer Checking Service when a worker cannot show documents or use the online system. This often applies to pending visa applications or appeals.
You submit details through the Home Office Employer Checking Service. If approved, you receive a Positive Verification Notice (PVN).
A PVN gives you a temporary statutory excuse for six months. You must diarise a follow‑up check before it expires.
Situations that require this method include:
- Outstanding Home Office decisions
- Lost or stolen documents
- Complex immigration conditions
Missing the follow‑up date can lead to civil penalties.
Avoiding Civil Penalties: Repeat Checks, Documentation, and Record Keeping
You reduce civil penalty risk by checking the right to work at the right time and keeping clear records. Repeat checks matter most for time-limited permissions, while strong tracking and document control support audit readiness. These steps also help you respond quickly to Home Office requests.
Repeat and Follow-Up Checks for Time-Limited Permissions
You must carry out repeat right-to-work checks when a worker has a time-limited right to work. This includes people with student visas, time-limited visas, or limited leave to remain or leave to enter.
Carry out the follow-up check before the current permission expires. If you miss the date, you lose your statutory excuse and risk a civil penalty.
Common triggers for repeat checks include:
- List B documents
- A biometric residence permit (BRP) with an expiry date
- A digital immigration status accessed using a share code
- A Certificate of Application with a time limit
Use the same process as the initial check. Confirm identity, complete document verification, and record the date you carried out the check.
Tracking Visa Expiry Dates and Immigration Status
You need a reliable way to track visa expiry dates and changes in immigration status. Manual tracking often fails during busy recruitment processes.
Use a central system to record:
- Expiry dates for visas and BRPs
- EU Settlement Scheme status, such as settled status or pre-settled status
- Whether the worker holds a digital status or physical document
Set reminders at least three months before expiry. This gives time to request updated right to work documentation or a new share code.
Do not rely on the worker to alert you. You remain responsible for right to work compliance, even when delays occur with an eVisa or Home Office decision.
Proper Record Keeping and Audit Readiness
Strong record keeping protects you during a Home Office visit. You must keep clear evidence of every right-to-work check you carry out.
Your records should include:
- Copies of acceptable right to work documents or digital check results
- The date you completed the check
- Notes confirming the document was valid and matched the worker
Store records securely and keep them for the full employment period plus two years. Keep files organised so you can produce them quickly.
Good audit readiness shows consistent processes and reduces disruption if enforcement officers review your recruitment process.
Common HR Mistakes and Best Practice for Right to Work Compliance
Right to work failures often come from routine HR habits rather than deliberate risk taking. Civil penalties usually follow poor record keeping, rushed checks, or inconsistent treatment of candidates.
Frequent Reasons for Civil Penalties
You face civil penalties when you employ illegal workers without completing a compliant check. Common errors include accepting expired passports, missing follow-up checks, or failing to keep clear copies of documents.
Many penalties arise when you rely on old records. A British passport or Irish passport must be valid at the time of the check. You must also confirm that the document belongs to the person presenting it.
You increase risk if you complete checks after the employee starts work. The Home Office expects you to finish employment verification before day one. Home Office audits often focus on timing, document quality, and audit trails.
High-risk errors include:
- No evidence of the date of the check
- Poor quality document copies
- Missing repeat checks for time-limited permission
Inconsistent Checking Practices and Unlawful Discrimination
You must apply the same right to work process to every worker. Inconsistent checks can lead to unlawful discrimination, even when your intent is neutral.
Some employers check non‑British candidates more strictly than those with British passports. Others skip checks for long‑term staff or referrals. Both approaches break the Code of Practice and increase legal risk.
You should follow one standard process during the recruitment process. This includes job applicants, temporary staff, and contractors. A uniform approach protects you from discrimination claims and civil penalties.
Best practice includes:
- One checklist for all roles
- Training for hiring managers
- Clear escalation for complex cases
Industry-Specific Compliance Risks
Certain sectors face higher scrutiny due to labour turnover and use of temporary staff. Hospitality, construction, care, and logistics often appear in Home Office audits.
You face added risk when you use agencies or subcontractors. You still hold responsibility if checks are incomplete or delayed. This applies even when a third party supplies workers.
If you are a sponsor licence holder, compliance failures carry extra weight. Poor right to work checks can affect your licence rating and future visa approvals.
You should track:
- Agency assurances in writing
- Start dates and check dates
- Roles with higher churn or short contracts
Maintaining Standards Under Updated Guidance
Home Office guidance changes often, and outdated processes lead to mistakes. You must review your right to work procedures against the latest guidance at least once a year.
Digital checks and online status checks now play a larger role. You must follow the correct process for each document type and keep evidence of the check method used.
You should also monitor repeat checks for time‑limited permission. Missed reminders are a common failure point during Home Office audits.
Strong controls include:
- Centralised records
- Automated repeat check reminders
- Regular internal audits against the Code of Practice
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