Right To Work Checks: 5 Costly Mistakes UK Employers Make
Brilliant new hire? Don't let UK right to work checks trip you up. Avoid 5 mistakes that could cost up to £60,000 per worker and derail your team.
Small checks, big consequences: get right to work right
Picture this. You've found a brilliant new hire and the team is buzzing. Then someone asks about right to work checks. If your stomach flips, you are not alone. Right to work checks protect your business, and skipping them can mean big fines and chaos.
Why this matters right now? From February 2024, the maximum civil penalty for employing illegal workers increased to £60,000 per worker for repeat breaches (Home Office, 2024). That is the kind of bill that ruins a budget and a weekend.
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Mistake 1: Checking some people, not everyone
Right to work checks apply to every employee. Every role. Every hour pattern. British passport, Irish passport, or visa holder. Full time, part time, casual, apprentice, or zero hours. The lot.
Different treatment can also drift into discrimination risk. One clear, consistent process protects you and your people.
What documents can prove the right to work?
Depending on the person, you may need to see:
- British or Irish passport
- Biometric Residence Permit (BRP)
- Visa or immigration status documents
- Settled or pre-settled status via a Home Office share code
- Certificate of naturalisation or birth certificate (with proof of National Insurance)
Follow the current GOV.UK guidance for the exact lists and routes.
What should you check?
- Is the document genuine and the original needed for that route?
- Does the photo look like the person in front of you?
- Are names and dates consistent?
- Is it in date?
- Are there work type or hour limits?
- When does permission expire?
If anything looks off, pause and check before day one.
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Mistake 2: Skipping proper copies and records
Seeing a document is not enough. You need evidence you did the check the right way.
Copy the relevant pages or download the online outcome, then store it securely. Record the date, who checked it, and that originals were seen if required. Years later, your notes will do the talking.
What to keep on file:
- Passport photo page and visa pages
- BRP front and back
- Endorsements or Home Office letters
- Home Office online check result with the share code journey
- The date and name of the person who carried out the check
Store in secure HR software or locked files. Keep access tight and retention periods clear. These are sensitive personal documents.
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Mistake 3: Forgetting follow-up checks for time-limited permission
Compliance does not end at day one. If someone has time-limited permission, you must recheck before it expires. This is where businesses trip up, often years later.
Set reminders well in advance. Automate where you can. A five-minute diary note now can save five-figure fines later.
Quick audit prompts:
- Are all files complete and readable?
- Are expiry dates captured and diarised?
- Are rechecks scheduled?
- Is each check dated and signed off?
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Mistake 4: Using outdated rules or hearsay
Rules change. So do penalty levels and digital systems. Relying on a dusty template or a guess from years ago is risky.
Key post-Brexit shift: many EU citizens now need proof of status. That often means an online check with a share code, settled or pre-settled status, or a visa. Do not demand a single document type; keep your process fair and consistent.
Expert note:
> "You must check that job applicants are allowed to work in the UK before you employ them."
Stay current by reviewing your process each year, or sooner if you hire at pace, recruit internationally, or hold a sponsor licence.
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Mistake 5: Letting someone start before checks are complete
This one stings. If a person starts work before right to work checks are finished, you can still face penalties even if documents appear later. Build checks into your hiring steps and hold the line, even when busy.
A simple sequence:
1. Offer accepted
2. References requested
3. Right to work checks completed
4. Contract issued
5. Start date confirmed
No shortcuts for "a few shifts", "helping out", family, or referrals. Same process. Every time.
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The risk most people forget: reputation
Fines hurt. Publicity hurts more. An investigation can shake client confidence, unsettle staff, and threaten contracts. Solid checks are not red tape. They are business protection.
Quick right to work checklist
Before anyone starts:
- Ask every employee for right to work documentation
- Check documents carefully and confirm limits
- Verify photo, name, dates, and expiry
- Keep clear, dated copies and notes
- Set reminders for any rechecks
- Review your process each year
Simple. Consistent. Compliant.
Need a hand putting this on rails?
If you want a quick sense-check of your onboarding, contracts, and compliance, take our Free HR Health Check. It takes 5-7 minutes and gives practical, plain-English actions.
Final thoughts and a pep talk: stay informed, not panicked. Put clear steps in place, use the official guidance, and keep tidy records. Kettle on, standards up. Until next time, keep buzzing and take care of your people!
FAQ
- Do I need to do right to work checks for British citizens?
Yes. Apply the same process to everyone. The document route may differ, but the check still happens.
- Can I do right to work checks over a video call?
Follow current GOV.UK routes. Some checks are online via share codes. Identity service providers can be used for British and Irish passports if you meet the scheme rules.
- What happens if an employee's visa is about to expire?
Recheck before expiry. If permission ends and is not extended, you must not employ the person. Use reminders well in advance.
- Are photocopies or scans enough?
Only if that route allows it. For online checks, keep the official outcome. For documents that must be seen, follow the original-document route.
- How long should I keep right to work records?
Keep them securely for the duration of employment and for two years after it ends, then delete in line with your retention policy.
- What are the current penalties for illegal working?
As of 2024, civil penalties can reach up to £60,000 per illegal worker for repeat breaches. See GOV.UK for current rates.
About Kate Underwood
HR consultant and founder of Kate Underwood HR. Providing HR Support for Small Businesses for over 10 years; in Hampshire, Dorset and across the UK.