Right to work checks in the UK: What employers need to know

Ensuring that every employee has the legal right to work in the UK is a fundamental responsibility for employers. With updated guidance from the Home Office, right to work checks have become more streamlined, but also more critical than ever. Failure to comply can result in severe penalties, including fines of up to £60,000 per illegal worker.

What are right to work checks?

Right to work checks are a legal requirement under the Immigration, Asylum and Nationality Act 2006. Employers must verify that every individual they hire is legally permitted to work in the UK. These checks must be completed before employment begins, and in some cases, follow-up checks are required if the employee has time-limited permission to work

Types of right to work Checks

The type of check to be carried out is dependent on the individual’s circumstances.

1. Manual document-based checks
   For those eligible, e.g. British and Irish citizens presenting original documents such as passports or birth certificates (with supporting evidence like a National Insurance number). Expired documents (e.g. clipped passports) are not acceptable for manual checks.

Individuals with immigration permission are no longer given a physical document to demonstrate their status (such as a BRP). Instead, they have an eVisa which is an electronic record of their immigration status and online checks must be done instead.

2. Home Office online checks
   Required for non-UK nationals with digital immigration status. Employers use a share code and the employee’s date of birth to verify status via the Home Office portal. The Employer Checking Service (ECS) can be used if someone’s status is unclear or under review.
3. Digital Verification Service (DVS)
   For British and Irish citizens with valid passports, employers may use certified Identity Service Providers (IDSPs) to conduct digital checks

Penalties for non-compliance

Employers can be penalised if they employ someone who does not have the right to work, and they did not carry out the correct checks or did not do so properly. Employers who fail to conduct proper checks may face:

• Civil penalties of up to £45,000 for a first offence and up to £60,000 for repeat offences per illegal worker.
• Criminal liability, including unlimited fines and up to 5 years in prison, for knowingly employing someone without the right to work.
• Reputational damage, negative press, loss of sponsor licences, and potential business closure in severe cases.

What about workers who are not employees?

Recent Home Office guidance on right to work checks for contractors has led to confusion among employers. The Employer’s guide to right to work checks states:

“you are strongly encouraged to check that your contractors and labour providers carry out right to work checks in accordance with this guidance on people they employ, engage or supply (or carry out these checks yourself). This includes anyone in your supply chain using a substitute to perform work on their behalf”.

Importantly, this guidance does not impose a new legal obligation to check the right to work status of every external worker.

However, employers should still ensure that appropriate checks are being carried out. Failing to do so can lead to operational disruption, reputational damage, and potential issues with insurance or health and safety, especially if individuals working on-site are not who they claim to be or lack the necessary skills.

If a contractor is found to be working illegally on your premises, you would not face a civil penalty in the same way as you would for an employee. Nonetheless, the consequences, such as negative media coverage, can be damaging and long-lasting.

Given the Home Office’s increased compliance activity and the rise in site visits, we recommend following their advice: ensure suppliers and contractors have robust right to work verification processes in place.

Proposed changes

In a major policy shift announced in March 2025, the UK Home Office proposed extending right to work checks to cover gig economy workers, zero-hours contracts, and subcontracted labour. This marks a significant expansion of the current compliance regime, which has focused on traditional employment relationships.

Under the proposed changes, part of the Border Security, Asylum and Immigration Bill, businesses will be legally required to verify the right to work status of any individual working on their behalf, regardless of:

• Employment contract type (e.g. permanent, freelance, zero-hours)
• Working pattern (e.g. part-time, seasonal, flexible)
• Engagement model (e.g. subcontracting, third-party platforms)

Although the proposals are not yet law, businesses should start to prepare by:

• Reviewing onboarding processes for contractors and gig workers
• Training managers and HR teams on right to work compliance
• Implementing digital verification tools to handle high-volume hiring
• Auditing subcontractor relationships to ensure compliance across the supply chain.

10 top tips

To avoid future penalties and ensure your business remains compliant, consider the following best practices:

1. Conduct right to work checks before employment beginsand repeat them if an employee has time-limited permission to work.
2. Set remindersfor visa expiry dates and follow-up checks.
3. Keep clear recordsof all checks, including copies of documents and the date the check was made.
4. Use the Home Office online checking servicewhere applicable.
5. Review your workforce periodicallyto ensure ongoing compliance.
6. Stay informedabout changes in immigration law and enforcement trends.
7. Avoid discrimination by carrying out checks fairly and consistently on all candidates.
8. Do not assume someone’s immigration status based on appearance or nationality.
9. Train HR and managers regularly on right to work procedures.
10. Audit procedures and processes to ensure compliance.

Final thoughts

Right to work checks are more than a legal requirement – they are a business necessity. Employers must be proactive, informed, and diligent.

Get in touch to find out how you can protect your organisation from risk and ensure a compliant, inclusive hiring process.

We now have a dedicated Immigration practice and can assist you with all aspects of compliance, including carrying out mock inspections.

For further information on our immigration services, see our webpage: Immigration, BTO Solicitors

If you would like an initial chat about this, or any immigration related matter, get in touch with our Immigration partner, Carolyn Bowie: Carolyn Bowie – BTO Solicitors LLP

This update contains general information only and does not constitute legal or other professional advice.