A lot of employers are nervous when it comes to checking a potential employee’s legal Right to Work in the UK. There’s a lot of confusion as to what documentation actually proves Right to Work as well as who exactly is responsible for ensuring compliance. While most employers and HR departments do understand the basic requirements, it’s becoming clearer that there needs to be greater clarity around some of the details and procedures. It’s far too easy to make a mistake – and it could be costly.
So, in this article, we will look at the basics of Right to Work, what many organisations are getting wrong, and how you can mitigate risks when it comes to accidentally employing someone illegally. While this article will primarily be focused on employers, if you are an employee you can find out how to prove your Right to Work here.
For businesses, the time to act is now. The UK government is stepping up its enforcement of Right to Work and so organisations of all sizes need to take note and take action. So, let’s dive into what employers need to know.
Right to Work: The basics
Every UK employer is legally required to carry out Right to Work checks before hiring anyone. Put simply, this is to ensure that only those legally entitled to work in the UK are employed. You can read the full government guidelines on checking Right to Work here.
New report: Confusion among employers on Right to Work
While a recent piece of research found that 89% of respondents acknowledged that conducting Right to Work checks was a legal requirement for their business, far fewer understood exactly what those checks entailed. In fact, many employers continue to rely on manual processes instead of taking advantage of digital services such as the Home Office’s online checking service or a certified Identity Service Provider which can make the process much easier and more efficient.
There’s also confusion as to whose desk this falls on. Many departments within organisations feel it’s ‘someone else’s responsibility’ to check the Right to Work. In fact, the survey uncovered that the majority of respondents thought recruitment agencies were responsible, with a sizable number believing it was the job of the Home Office, and many thinking employees themselves were accountable. This misunderstanding leaves organisations vulnerable.
So, let’s state it clearly: If you are a business, it’s your legal duty to check Right to Work.
Can driving licences prove Right to Work?
No, they cannot. This is perhaps the most common mistake identified in the report: The incorrect belief that a driving licence was proof of the Right to Work. Over 60% of employers said they used this form of identification. This is concerning as a driving licence does not confirm a person’s nationality or their immigration status. Again, driving licences are not acceptable for Right to Work purposes.
So what documentation is acceptable? The list includes passports, birth certificates accompanied by evidence of a National Insurance number, or other documentation accepted by the Home Office. You can learn about the accepted documents here, or if the employee has given you a share code, you can check it here.
Addressing the gaps through training, mock audits, and policies
The implications of these kinds of errors are significant. Even if you hire an individual who is legally entitled to work, if you have accepted from them inadequate documentation it might cause you issues later on. Even if no illegal workers are found, reliance on non-compliant documents could leave businesses open to risk, particularly as Home Office audits and enforcement actions are going to become more frequent.
So, to address these gaps, there need to be strategies to help strengthen compliance. Top of the list is training for personnel responsible for Right to Work checks, as well as conducting internal audits, and making sure you have strong policies in place.
This kind of due diligence means that staff understand not only which documents are acceptable but also how to interpret complex cases, such as those involving non-UK nationals or sponsored workers. Running mock audits that simulate Home Office inspections can help you identify weaknesses in your procedures and documentation ahead of time and are well worth doing.
Keep everything updated. Having a written procedure reduces the likelihood of inconsistent practices and ensures that all personnel involved in recruitment are aware of the correct approach. Regular review and updates to these policies are equally important, particularly as immigration regulations and Home Office guidance can change over time.
Finally, employers should make use of the Home Office’s online Right to Work checking service which provides a more reliable and efficient method of verification than manual checks alone. Certified Identity Service Providers (find a full list here) also offer additional options for digital verification, allowing organisations to manage compliance with greater speed and accuracy.
Increased Right to Work inspections – what your business needs to know
The Home Office has signalled that enforcement is going to ramp up, with increased audits and inspections over the coming years. Organisations that fail to meet compliance standards will risk fines as well as damage to their reputation. The answer to this is simply to be proactive.
For HR teams, practical steps include creating a culture of diligence around Right to Work checks. That means regular training sessions, and making sure compliance is part of everyday recruitment practices. In addition, any line managers who are involved in hiring should be well-briefed on Right to Work so all parties understand the processes and risks involved with non-compliance.
As a final point, organisations should consider periodic reviews of their employee documentation. It’s always prudent to double-check your documents against the current Home Office guidance. It’s a bit of extra diligence which could pay dividends in the long run.
Working with an immigration lawyer
The findings in the survey that I mentioned at the start of this article demonstrate just how important it is to fully understand the legal requirement to conduct Right to Work checks. With the UK Home Office ramping up Right to Work checks, your business could face growing scrutiny and potential penalties for non-compliance. Navigating the rules can be challenging, as the guidance can be complex and subject to regular updates. Even well-intentioned organisations can make mistakes that leave them exposed to risk.
Partnering with an experienced immigration lawyer can provide invaluable support. Legal specialists who stay ahead of regulatory changes help businesses interpret guidance accurately, implement compliant procedures, and mitigate the risk of penalties. This proactive approach not only ensures compliance but also offers peace of mind, knowing that your hiring processes meet current legal requirements.
If you have any questions about how your business can remain compliant and audit-ready, please feel free to reach out to me. Having a professional immigration advisor – particularly one with a legal background – can be invaluable in helping you navigate and interpret these complex regulations.
