As a UK employer, it’s crucial to ensure all your employees have the legal right to work in the UK. The law requires you to conduct right-to-work checks before hiring staff. Failing to follow these rules could result in penalties of up to £20,000 per worker.
With recent changes in the Workers' Rights Bill, right-to-work checks are more important than ever. This guide will walk you through the steps to ensure compliance and help your business avoid costly fines. You can also read more about the Workers' Rights Bill and its implications on your business here.
What Are Right-to-Work Checks?
Right-to-work checks are legal requirements for employers. They confirm that a worker is legally allowed to work in the UK. This applies to all employees, including British citizens, EU nationals with settled status, and non-EU nationals.
Failing to conduct these checks can lead to severe penalties, including fines and potential criminal charges. Keeping your HR processes in line with these legal requirements is essential to avoiding these risks.
How to Conduct A Right-to-Work Check
To stay compliant with right-to-work laws, follow these steps:
Step 1: Obtain the Worker’s Documents
Ask the employee for documents proving their right to work. These may include:
- Passport
- Biometric residence permit
- Proof of settled status
For non-British workers, use the Home Office's right-to-work service to verify their status.
Step 2: Verify the Documents
Check the documents carefully to ensure they are genuine and belong to the person you're hiring. Ensure:
- The photograph matches the individual.
- Dates of birth and visa expiry dates are correct.
Larger businesses may find automated right-to-work software useful for managing these checks across many employees.
Step 3: Keep Copies for Record-Keeping
Make legible copies of the documents and store them securely for at least two years after the employee leaves your company. This will help you avoid penalties in the event of an audit.
| Right-to-Work Documents | Examples |
|---|---|
| British Nationals | Passport, Birth Certificate |
| EU Citizens (Post-Brexit) | Settled Status Proof |
| Non-EU Nationals | Biometric Residence Permit, Visa |
Tip: If your business operates across multiple locations, centralize your records to maintain consistency and compliance.
Watch the Home Office Video to help with checking documentation.
If you need help with employing staff or right to work checks, get in touch for a no obligation chat
Common Mistakes
Even with systems in place, larger employers can face challenges. Here are some common mistakes and how to avoid them:
1. Not Re-checking Time-Limited Visas
For employees with time-limited visas, you must re-check their right to work before the visa expires. Failure to do so can lead to fines. Set up automated reminders within your HR system to track expiration dates and schedule re-checks. You can read more about hiring staff and ensuring compliance in this helpful guide here.
2. Assuming Settled Status for EU Nationals
Since Brexit, EU nationals must have settled or pre-settled status to work in the UK. Always verify this via the Home Office's online service to avoid fines.
3. Inconsistent Record-Keeping Across Sites
If your business has multiple locations, keeping records consistent across sites can be challenging. Use a centralized compliance system to ensure all records are kept in line with the law.
How the Workers' Rights Bill Affects Right-to-Work Checks
The Workers' Rights Bill introduces stricter compliance rules, making it essential for employers to stay up to date with their right-to-work processes. Key changes include:
- Increased Fines: Penalties for non-compliance have increased, particularly for repeat offenses.
- Stricter Record-Keeping: Employers must retain proof of right-to-work checks for longer periods and ensure that records are accessible during audits.
- Digital Verification: The bill encourages employers to use online right-to-work services, making verification faster and more reliable.
For more insights on the Workers' Rights Bill and its impact on employers, visit our in-depth guide here.
FAQ: UK Right-to-Work Checks
Q: What happens if I fail to conduct a right-to-work check?
A: Employers can face fines of up to £20,000 per illegal worker. In severe cases, criminal charges may apply.
Q: How often do I need to re-check workers?
A: For workers with time-limited visas, re-checks must be conducted before the visa expires, typically every 12 months.
Q: Can I rely on digital checks alone?
A: Yes, you can use the Home Office online service for digital verification. However, you must keep copies of the results, whether digital or physical.
Example: Avoiding Penalties Through Compliance
A UK-based logistics company faced a £40,000 fine after failing to check the visa status of two employees whose visas had expired. After missing these follow-up checks, they were audited and heavily penalized. The company has since implemented automated systems to track visa expirations and alert HR staff of upcoming deadlines. This has helped them avoid further penalties.
Takeaway: By using automated systems to track right-to-work compliance, businesses can avoid heavy fines and ensure they remain compliant. For further reading on how we've helped clients with compliance issues, check out our overview of auto-enrolment for employers.
Conclusion: Stay Compliant with UK Right-to-Work Checks
Ensuring compliance with right-to-work checks is essential for protecting your business from fines and legal risks. With the Workers' Rights Bill introducing tougher regulations, now is the time to review your processes and invest in tools to help stay compliant.
Do you need help with right-to-work compliance?
Contact us today for tailored HR solutions that will help streamline your processes and avoid costly penalties.
Further Reading
You can read the full legislation here
