Right to Work Checks

Right to work checks are a legal requirement for employers to verify that individuals have the lawful right to work in a given country.

Employers in the UK have a legal obligation to ensure that every individual they hire has the right to work in the country. Failing to conduct proper checks can result in significant legal and financial consequences. Understanding employer responsibilities, common compliance mistakes, and best practices is essential for mitigating risk.

What Are Right to Work Checks?

A Right to Work (RTW) check is a verification process to confirm that a potential employee has legal permission to work in the UK. This applies to all prospective hires, including British citizens, EU nationals, and non-EU nationals.

Employers are legally required to verify identity and eligibility documents before employment begins. Common documents include passports, biometric residence permits, and immigration status documents.

Legal Obligations for Employers

Under the Immigration, Asylum and Nationality Act 2006, employers must:

1. Conduct RTW checks for all new hires.
2. Keep copies of evidence for the duration of employment and for two years afterward.
3. Follow prescribed procedures for checking, such as face-to-face verification or using the Home Office online system.

Failure to comply may result in civil penalties, criminal liability, and reputational damage.

Potential Penalties

• Civil Penalties: Employers can face fines up to £20,000 per illegal worker.
• Criminal Liability: Deliberately employing someone without the right to work can lead to unlimited fines or imprisonment up to 5 years.
• Reputational Risks: Non-compliance can harm relationships with clients, stakeholders, and regulatory bodies.

Common Compliance Mistakes

Even well-intentioned employers can make mistakes that expose them to legal liability. Some of the most frequent errors include:

1. Incomplete or inaccurate checks – Failing to verify original documents or relying solely on photocopies.
2. Not keeping records – Employers must retain evidence for at least two years after employment ends.
3. Late or retroactive checks – Waiting until after employment starts to verify documents can negate a statutory excuse defense.
4. Overlooking online verification rules – The Home Office online system requires careful adherence to prescribed steps.
5. Assuming EU or Commonwealth nationals automatically have RTW rights – Eligibility can depend on visa types or transitional arrangements.
6. Relying on incorrect or expired documents – Employers must confirm that all documentation is valid and current.

How to Mitigate Employer Liability

Employers can protect themselves by adopting robust HR and compliance practices:

• Use structured RTW check procedures: Create checklists to ensure consistency.
• Train HR teams: Make sure staff understand legal obligations and document verification processes.
• Audit records regularly: Conduct internal audits to ensure evidence is accurate and complete.
• Leverage the Home Office online system: Follow prescribed digital procedures for non-physical checks.
• Seek legal advice: In complex cases (e.g., visa transitions or work permit issues), consult an immigration lawyer.

Right to Work checks are not just bureaucratic paperwork—they are a crucial compliance safeguard. Employers who fail to conduct proper checks risk serious financial, criminal, and reputational consequences. Employers can hire with confidence and maintain complete compliance by knowing the law, avoiding typical blunders, and putting in place robust verification procedures.

FAQs: Right to Work Checks

1. Can I rely on photocopies for RTW checks?

No, original documents must be verified. Photocopies alone do not satisfy legal requirements.

2. How long should RTW records be kept?

For the duration of employment and two years after employment ends.

3. What if an employee loses their documents after being hired?

You must conduct a re-check and verify updated documentation promptly.

4. Are EU citizens still required to provide proof of the right to work?

Yes, especially after Brexit. Eligibility depends on immigration status and settled or pre-settled status.