Right to Work
Right to Work Checks for UK Employers
What a right to work check is, when it must be done and why a correctly conducted check matters.
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What the issue is
UK employers must take steps to prevent illegal working. Conducting a prescribed right to work check before employment begins, in the manner set out in Home Office guidance, can give the employer a statutory excuse against a civil penalty if the person is later found to be working illegally.
Why it matters
A check that is late, incomplete or not done in the prescribed way may not provide a statutory excuse. Checks must be applied consistently to all prospective employees to avoid discrimination.
What happens if something goes wrong
Without a statutory excuse the employer may face a civil penalty and, where it knew or had reasonable cause to believe someone was working illegally, criminal exposure. Sponsors may also face licence action.
Common failures
- Starting work before the check is completed.
- Checking only applicants who appear to be non-British.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- A dated record of each check in the format required by the guidance.
- Copies or online-check results retained securely.
Practical preventative steps
- Make the check a pre-start step that cannot be bypassed.
- Train everyone who conducts checks on the current guidance.
Official rules and guidance
Rules and guidance change. Check the current official sources before relying on this information.
This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.
Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.
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When solicitor advice may be appropriate
Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.