Right to Work Checks: What Employers Must Do or Face a £60k Fine

‍‌​​​‌‌‌‌​​‌​​‌‌​​​​​​‌‌​‌‌​​​​​​‍Hiring someone who hasn't got the right papers isn't a slap on the wrist any more -- it's up to £60k per worker, plus the risk of a criminal charge if you knowingly look the other way.

3.21.1 What the law actually wants from you

Post-Brexit, every UK employer -- including a one-man builder with a couple of lads -- has to check and record that anyone they take on has the right to work here.

If you don't:

• Civil penalty if someone's found working illegally and you can't show proper checks:
  • Up to £45,000 per worker for a first breach,
  • Up to £60,000 per worker for repeat breaches.
  • These fines were tripled in February 2024 (up from £15,000/£20,000). This isn't a figure that's been around forever -- it's a recent and massive increase, and construction is a target sector.
• Criminal offence (up to 5 years in prison and/or unlimited fine) if you knowingly employ someone without the right to work, or have "reasonable cause to believe" they can't.

Your protection is a "statutory excuse" -- proof that you did the checks the Home Office says you should, in the right way, before they started.

3.21.2 What documents you can accept (and what they look like)

The full list is in the Home Office "Employer's guide to right to work checks" (the Home Office updates this periodically -- always check gov.uk for the latest version), but for most small trades, you'll mainly see:

British or Irish citizen

• Valid UK or Irish passport (current or expired but looks genuine).
• Or a birth/adoption certificate plus official document with National Insurance number.

EU/EEA/Swiss citizens with digital status (settled/pre-settled, visas)

• They don't have a physical visa -- they use a share code and online check (see next section).

Non-UK/Irish nationals with physical documents

• Biometric Residence Permit (BRP) or Biometric Residence Card, or
• Old-style visa vignette in a passport (for some categories).
• Note: BRPs are being phased out and replaced with eVisas (digital-only immigration status). More workers are being moved to digital status, which means more online checks and fewer physical documents going forward. If a worker has an expiring BRP, they should have been moved to an eVisa -- direct them to gov.uk/eVisa if they haven't.
• Many of these now require an online check -- the card tells you to "see online" etc.

You must

• See the original (for manual checks).
• Check the photo matches the person, that dates are valid, and the document doesn't look forged.
• Check that any work restrictions (e.g. "no self-employment") fit what you're hiring them to do.

If in doubt, don't guess -- use the online tools or get advice.

3.21.3 Online right to work checks and share codes

For many non-UK/Irish workers, the only proper way to check is online.

Two gov.uk portals

Worker: "Prove your right to work" -- they go to gov.uk/prove-right-to-work, log into their Home Office account and generate a share code.

• The share code is a 9-character code and is valid for 90 days.

Employer: "Check a job applicant's right to work" -- you go to gov.uk/view-right-to-work, enter:

• The share code, and
• The person's date of birth.

The system then shows you:

• Their name and photo.
• Their immigration status.
• What work they are allowed to do and until when.

To get a statutory excuse from an online check you must

• Do the check before they start.
• Check the photo is clearly them.
• Save or print the result page with the date -- keep it for the whole time they work for you plus 2 years after they leave.

That screenshot/printout is your evidence if the Home Office ever knock.

3.21.4 How to get a "statutory excuse" (your defence)

You only have a defence against these big fines if you can show you did one of the approved checks properly:

A manual check of original acceptable documents (e.g. UK passport)

• You check the originals in front of the person.
• You copy them, sign and date the copies stating "Original seen on [date]".
• Keep the copies until 2 years after they stop working for you -- then delete/destroy them. Keeping right-to-work records forever is itself a GDPR breach.

An online check using the gov.uk system and their share code / digital status

• You print/save the gov.uk result page with the date.
• Again, keep for employment + 2 years, then delete.

If the person has time-limited permission

• You must do a follow-up check shortly before their permission expires.
• That extends your statutory excuse -- if you don't, you lose the defence.

If the Home Office find someone working illegally and you can't produce these records, you have no statutory excuse and you're on the hook for the civil penalty.

3.21.5 Employees vs "subbies" -- who do you have to check?

Short version: if someone is doing work for you, and you're benefiting from their labour, you should assume you need to check them.

• Employees / labourers on PAYE -- you must do right-to-work checks, no arguments.
• "Workers" (someone on a short-term or casual contract but effectively under your control) -- same deal.
• CIS self-employed subcontractors -- legally it's a bit greyer, but guidance and new proposals are pushing toward right-to-work checks for many subcontractors too, especially where they only work for you or you control what they do.

Construction is a target sector for enforcement -- if you're supplying labour on site, assume checks will be expected.

Practical rule of thumb

If you control where, when and how they work on your job, treat them as someone you need to check, even if you call them "self-employed" for CIS.

Plenty of small firms don't bother, especially with CIS guys, but that's getting riskier by the year.

3.21.6 What small builders actually need to do

You're not a HR department. Here's the minimum that still protects you.

For each new person you take on

Before they start:

• Ask for either:
  • UK/Irish passport (or birth cert + NI doc), or
  • Share code + date of birth to do an online check.
• Do the check properly (see above).

Keep records:

• Save clear copies / printouts.
• Label with "Right-to-work check done [date] -- [your initials]."
• Store them securely -- locked file or password-protected folder -- because this is personal data (GDPR).

If their status is time-limited:

• Put a reminder in your calendar a month or two before expiry to re-check.

For CIS subbies

At a minimum, build right-to-work into your onboarding:

• When you do their CIS and insurance checks, do a right-to-work check too and keep that with their file.
• That way, if an inspection happens, you're not stood there saying "I've no idea who these lads even are."

3.21.7 What happens during a Home Office visit

Home Office immigration enforcement can visit your site or premises unannounced. Knowing what to expect stops you panicking and making things worse.

What they'll do

• They can turn up without warning -- they don't need to book an appointment.
• They'll want to see your right-to-work records on the spot for everyone working there.
• They may interview workers individually to check their status.
• They can inspect your premises and any vehicles being used for work.

What you should do

• Stay calm and cooperate -- obstructing an immigration officer is a separate offence.
• Produce your records. If they're kept offsite (home office, accountant), say so and arrange access as quickly as possible.
• Don't coach workers or try to hide anyone -- that turns a civil penalty into a criminal investigation.
• Take a note of the officer's name, reference number, and what they ask for.

After the visit

• If they find issues, you'll normally get a written notice explaining the alleged breach and proposed penalty.
• You have 28 days to object or provide evidence of your statutory excuse.
• If you can produce proper records showing you did the check before the person started, you have a defence. If you can't, you don't.

This is why the boring bit -- checking, copying, dating, filing -- matters so much.

3.21.8 Gangmasters, labour providers and the GLAA

If you're sourcing labour through an intermediary -- a gangmaster, labour agency or labour provider -- there's an extra layer.

GLAA (Gangmasters and Labour Abuse Authority)

• Certain labour supply activities in construction-adjacent sectors require a GLAA licence.
• If you're using a labour provider, check they're licensed: search the GLAA register at gla.gov.uk.
• Using an unlicensed gangmaster is a criminal offence for both the gangmaster and the business using them.

Why this matters for right-to-work

• Labour exploitation and illegal working often overlap. Workers without immigration status are vulnerable to exploitation because they can't complain.
• If you're getting suspiciously cheap labour through an intermediary, ask questions. If the price doesn't make sense, something is probably wrong.
• Doing right-to-work checks isn't just about protecting yourself from fines -- it's also about not putting vulnerable people in an impossible position. Workers found without the right to work face detention and removal.

3.21.9 Dodgy-looking documents and where to get help

If something doesn't look right:

• Don't argue with the person or accuse them of anything.
• Say: "I need to double-check these with the official guidance -- I'll come back to you."

You can then:

• Use the detailed Home Office employer guide -- it shows real and sample documents and what to look for.
• Call the ACAS helpline for general employment law guidance.
• Use the Employer Checking Service (ECS) if:
  • The person says they have an outstanding application or appeal with the Home Office, or
  • Their documents aren't straightforward but they claim they can work.

For ECS

• You send details via the gov.uk ECS form.
• If they're allowed to work, you get a Positive Verification Notice (PVN), which gives you a statutory excuse for 6 months -- then you must re-check.

If you can't get comfortable that they have the right to work, you can't legally put them on site. Better to be short-staffed than sitting on a £60k fine.

3.21.10 Common mistakes small construction firms make

Things that bite people later:

• Only checking "foreign-looking" workers -- right-to-work rules apply to everyone, including Brits. You must treat everyone the same or you risk a discrimination claim on top of the immigration fine (see guide 3.13).
• Accepting copies instead of originals for manual checks -- photocopies, photos on phones, or emailed scans don't give you a statutory excuse if you haven't seen the original.
• Not keeping copies or dates -- if you can't produce the paperwork later, it's as bad as not doing the check.
• Forgetting follow-up checks -- someone with time-limited leave is fine on day one but illegal after their visa expires. If you don't re-check, you lose your defence.
• Assuming CIS = "not my problem" -- enforcement is moving towards including many subcontractors in right-to-work obligations in construction.
• Relying on agencies without checking what they've actually done -- if you use labour from an agency, make sure your contract says they do compliant right-to-work checks and will indemnify you -- and be ready to show that if asked.
• Keeping records forever -- you must delete right-to-work records 2 years after the person stops working for you. Hoarding them indefinitely is a GDPR breach.

A few simple habits -- always check, always copy, always date -- keep you out of most of this trouble.

What to do next

If you've never done this properly before:

• Download or bookmark the Home Office "Employer's guide to right to work checks" from gov.uk -- that's your rulebook. Check you've got the latest version.
• Create a basic checklist for new starters and CIS subbies: docs to see, where to save copies, who signs off.
• Pick one place (folder or lever-arch file) and start keeping dated copies of checks for everyone working for you.
• If you're unsure about someone's status, use the share code system or the Employer Checking Service instead of guessing.

This isn't about turning you into HR -- it's about having just enough process that a Home Office visit doesn't wreck your business.

Sources

• Home Office -- Employer's guide to right to work checks -- gov.uk/government/publications/right-to-work-checks-employers-guide -- how to do manual/online checks and keep a statutory excuse.
• Immigration, Asylum and Nationality Act 2006 -- legislation.gov.uk/ukpga/2006/13/contents -- the law creating civil penalties for employing illegal workers and the statutory excuse framework.
• Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2024 -- legislation.gov.uk/uksi/2024/28/contents/made -- the SI that tripled civil penalties from February 2024.
• Immigration Act 2016 -- legislation.gov.uk/ukpga/2016/19/contents -- strengthened criminal offences for knowingly employing illegal workers.
• Gangmasters (Licensing) Act 2004 -- legislation.gov.uk/ukpga/2004/11/contents -- GLAA licensing requirements.
• GOV.UK -- online share code and right-to-work check services.
• ACAS guidance on avoiding discrimination in right-to-work checks.

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