Right-to-Work Checks: Avoiding Common Mistakes
Conducting right-to-work checks is a legal obligation for all UK employers. These checks help ensure that every employee has the legal right to work in the UK—and protect businesses from civil penalties of up to £60,000 per illegal worker. Yet despite their importance, many employers still get them wrong, risking fines, reputational damage, and operational disruption.
Here’s how to avoid the most common mistakes in right-to-work checks:
- Not Conducting Checks Before Employment Starts
A frequent oversight is leaving checks until after an employee has already started working. But the Home Office requires that right-to-work verification be completed before employment begins.
Avoid this mistake: Always perform checks during the recruitment process, and make the job offer conditional upon a successful check.
- Accepting Incorrect or Expired Documents
Employers sometimes accept documents that are either out of date or not listed in the official guidance. This includes expired passports (unless they prove ongoing UK citizenship) or copies that aren’t certified correctly.
Avoid this mistake: Always refer to the latest Home Office list of acceptable documents. Use official sources, and be cautious with any document that looks altered or unclear.
- Failing to Keep Evidence
Even if you’ve done the check, failing to properly store a record could leave you unprotected if the Home Office audits your records.
Avoid this mistake: Keep a clear copy (printed or digital) of the document, note the date of the check, and store it securely for the duration of employment + two years after.
- Ignoring Follow-Up Checks for Time-Limited Visas
If a worker has a time-limited right to work in the UK, employers must carry out a follow-up check before that permission expires. Failing to do this can expose your business to legal consequences.
Avoid this mistake: Track visa expiry dates and set reminders for follow-up checks. Use the Home Office Employer Checking Service if necessary.
- Not Using Digital Right-to-Work Tools Correctly
Since April 2022, many checks must be carried out via the Home Office online service, especially for individuals with digital status (e.g., EU Settled Status or BRP holders). Some employers still rely on physical checks when digital verification is required.
Avoid this mistake: Know when digital checks are mandatory. Use the candidate’s share code and date of birth to complete the online check through the official Home Office portal.
Final Thoughts
Right-to-work checks may seem routine, but the consequences of getting them wrong are anything but. By staying updated with the latest Home Office guidance, standardizing your process, and training staff responsible for onboarding, you can avoid costly errors and ensure compliance.
In short: check early, check properly, and keep good records. Your business—and your team—depend on it.