Trusted Compliance Checks
Protect your business from significant civil penalties and criminal sanctions. Our expert compliance team provides comprehensive guidance and support on conducting legally compliant Right to Work checks, ensuring every hire you make is lawful and your business remains protected.
The purpose of these checks is to confirm that a potential employee is not disqualified from carrying out the work in question due to their immigration status. Conducting a correct Right to Work check before employment begins provides an employer with a "statutory excuse" against liability for a civil penalty if it is later discovered that they have employed an illegal worker.
The process traditionally involves obtaining, checking, and retaining copies of specific original documents from the employee. With the strategic shift to digital immigration statuses, the compliance workflow now directly includes online verification methods.
Failure to perform these checks correctly can result in severe civil penalties of up to £45,000 per illegal worker for a first breach, or up to £60,000 per worker for repeat breaches within three years.
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Every single person you intend to employ, without exception. It is illegal to make assumptions based on accent, name, or ethnicity. Failing to check everyone can lead to claims of discrimination.
The civil penalty can be up to £45,000 for a first breach and up to £60,000 per worker for repeat breaches. In serious cases, there is also the risk of a criminal conviction and imprisonment.
It is your legal defense against a civil penalty. If you have correctly performed and recorded a Right to Work check before employment starts, you will have a statutory excuse even if the worker is later found to be working illegally (e.g., due to a high-quality forged document).
The check must be completed before the employee's first day of work. A check performed after employment has started is not valid for establishing a statutory excuse.
List A documents (e.g., a British passport) prove a continuous right to work. A check on a List A document only needs to be done once. List B documents (e.g., a time-limited work visa) prove a temporary right to work. You must conduct a follow-up check before the visa expires.
Key Requirements for Right to Work Checks
To establish a statutory excuse, employers must follow a strict three-step process for every single employee before their employment officially commences.
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