Avoiding fines: common mistakes employers make with UK Right to Work checks

In the UK, employers are legally required to conduct Right to Work checks on all employees. Failure to carry out these checks correctly can result in fines of £20,000 per illegal worker, reputational damage, and even criminal liability. Unfortunately, many employers still fall into common traps as they don’t understand what they have to do. We’ve collated a list of the most common mistakes businesses make when exploring the minefield of Right to Work checks and how to correct them, so you can protect yourself and an employer, but also safeguard employees you hire.

Not conducting checks prior to employment

Some employers fail to conduct Right to Work checks prior to employing someone, especially in cases of urgency. However, they must be conducted before employment starts – it’s a legal requirement. A late check can be penalised as mentioned above – a costly mistake. A pre-employment checklist could help negate this.

Accepting invalid, expired, or incorrect documents

It’s important to check the validity of the documents required for a Right to Work check – the most typical problems involve accepting expired passports and documents, incorrect visas, or documents that aren’t on the Home Office’s list of requirements. The best way to tackle this is to get familiar with the Home Office’s list of documents. There are two lists – List A and List B. List A is a list of documents required for those with indefinite leave; List B is for those who are only here for a certain period of time. 

Not retaining proper copies of documents

Employers must keep copies (either physical or digital) of any documents required by the Right to Work check. The entire document must be copied, signed and dated. Best practice is to note that the original document has been seen and verified and the date this occurred. All copies must be stored safely and securely for the entire duration of employment and two years after employment ends. 

Not checking digital immigration status

Some foreign nationals will have a digital-only immigration status, such as those who qualify for the EU Settlement Scheme or those with a Biometric Residence Permit (BRP). It’s therefore important to verify this for yourself – don’t overlook the digital aspect of immigration. 

If applicable, the employee must provide a share code and their date of birth so you can check their status. As with all important Right to Work documentation, you will need to retain a digital copy of the online check result.

Forgetting follow-up checks for limited time visas

A common problem employers face is forgetting to conduct follow-up checks on employees with limited time visas. It’s important to conduct these checks before their previous visa runs out. To help manage this, it’s worth diarising expiry dates as you go along and setting up automated reminders to notify you ahead of an expiration date so you can get everything in order ahead of time. If a worker's visa extension is pending, check if a Positive Verification Notice (PVN) from the Home Office Employer Checking Service is needed.

Right to Work compliance is a critical legal responsibility that, if done incorrectly, can result in fines of £20,000 per employee. Since many British businesses employ people from all over the world, this could rack up and even lead to bankruptcy if done incorrectly at scale. By understanding the common pitfalls and implementing simple steps to combat them, employers can protect both themselves and their employees.

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