Failing to carry out proper right to work checks, or conducting them incorrectly, can have serious consequences for employers. Civil penalties of up to £20,000 per illegal worker may be imposed, and in cases where an employer knowingly hires someone without the correct right to work, criminal sanctions—including imprisonment and unlimited fines—can apply.
To protect your business, always follow Home Office guidance for right to work checks. This includes verifying identity documents, using the online checking service for individuals who provide a share code, and keeping clear records of each check, including the date and details of the documents reviewed. Remember to conduct follow up checks for employees with time-limited permission to work, ensuring their right to work remains valid throughout their employment. Regularly review your recruitment process and seek guidance if you are unsure, as maintaining a statutory excuse is essential for compliance and avoiding penalties.
