Every UK employer must verify that all employees have the legal right to work in the UK before they start employment. This applies equally to British citizens and overseas nationals. Failing to carry out compliant checks can result in severe financial penalties and criminal prosecution.
Civil Penalties
- Up to £45,000 per illegal worker for a first breach
- Up to £60,000 per illegal worker for repeat breaches
- Penalties were significantly increased in February 2024, tripling previous levels
- These apply even if you didn't know the worker was illegal — the penalty is for failing to do the check
Criminal Offences
If an employer knowingly employs someone without the right to work, this is a criminal offence carrying:
- An unlimited fine
- Up to 5 years' imprisonment
How to Conduct a Compliant Check
- Obtain — the original documents (passport, visa, BRP, or share code)
- Check — verify documents are genuine, belong to the person, and allow the work in question
- Copy — take a clear copy and record the date of the check
- Online check — use the Home Office online checking service for share codes and digital checks
Statutory Excuse
Conducting a compliant check gives you a statutory excuse — a legal defence against civil penalties. Without it, you have no defence even if the worker presented convincing forged documents.
Follow-Up Checks
If an employee has time-limited right to work (e.g., a visa with an expiry date), you must carry out a follow-up check before the permission expires. Set diary reminders to ensure you don't miss these.
Our compliance audit service reviews your right to work processes to ensure you're protected. Get in touch.