25/04/2026
Are You Checking Right to Work Properly? The £20,000 Mistake UK Employers Keep Making
Hiring someone without proper right to work checks isn't just an administrative oversight—it's a civil offence that can cost your business up to £20,000 per illegal worker. Yet thousands of UK SMEs are getting it wrong, often without realizing until it's too late.
The Problem Hiding in Plain Sight
Many business owners assume that if someone has a National Insurance number, a bank account, or even a P45 from a previous UK employer, they're entitled to work. Wrong. None of these documents prove right to work status. Others conduct checks when someone starts but never follow up—missing the crucial point that some work permissions expire.
The Real Cost
Home Office civil penalties start at £15,000 for a first breach and rise to £20,000 for repeat offences—per illegal worker. If you employ three people without proper checks, that's potentially £60,000. Beyond financial penalties, there's the cost of recruitment to replace workers who must leave, potential criminal prosecution for employers who knowingly employ illegal workers, and serious reputational damage that can affect customer trust and future recruitment.
What Proper Right to Work Checks Actually Mean
Before employment starts, you must:
1. Obtain original documents from List A (unlimited right to work) or List B (time-limited right to work) - not photocopies sent by email or photos on phones.
2. Check documents in the presence of the employee - you must see the physical documents or use the online checking service for those with biometric residence permits or digital status.
3. Make clear copies of documents - in a format that cannot be tampered with, showing the date you made the check.
4. Retain copies securely - for the duration of employment plus two years afterwards.
5. Conduct follow-up checks - if someone has time-limited permission to work, you must re-check before their permission expires.
Common Mistakes That Cost Businesses
Accepting expired passports or visas - even by a single day makes the check invalid.
Checking documents after employment starts - the check must happen before the first day of work.
Relying on someone else's check - if you take on a worker from an agency or another employer, you must conduct your own check.
Not using the online service when required - EEA citizens with settled or pre-settled status and those with biometric residence permits must be checked online.
Discriminating during checks - you cannot ask only foreign-looking or foreign-sounding candidates for documents; checks must be consistent for all employees.
How to Protect Your Business
Implement a right to work checking procedure - create a standard process that HR or managers follow for every new hire without exception.
Train your hiring managers - ensure anyone involved in recruitment understands what documents are acceptable and how to check them properly.
Set up follow-up reminders - use calendar alerts or HR software to flag when time-limited permissions are due to expire, giving you time to re-check.
Keep an audit trail - maintain a central file of all right to work checks with dates clearly recorded.
Use the Employer Checking Service when needed - if a candidate cannot provide documents, this Home Office service can confirm right to work status.
Consider ID verification services - digital identity checking services approved by the Home Office can streamline the process while maintaining compliance.
The Bottom Line
Right to work checks aren't bureaucratic box-ticking—they're a legal requirement that protects your business from significant financial and reputational harm. The Home Office conducts thousands of enforcement visits annually, and pleading ignorance is not a defense.
The good news? Getting it right isn't complicated. It just requires a systematic approach and consistency. Every single employee, every single time, with proper documentation retained.
Action Step: Pull out your employee files today and check you have compliant right to work documentation for everyone. Missing something? Conduct a retrospective check immediately. It's better to discover gaps yourself than during a Home Office visit.
