Right To Work Checks – Everything An Employer Needs To Know

All employers in the UK must conduct a right to work check prior to an employee commencing employment to prevent illegal working. If an employer is found to be employing workers who do not have the right to work in the UK, employers can face a civil penalty of £45,000 per illegal worker for a first breach; and £60,000 per illegal worker for repeat breaches. The law on preventing illegal working is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act), section 24B of the Immigration Act 1971, and Schedule 6 of the Immigration Act 2016.

However, if all the prescribed right to work checks are followed properly in accordance with the Code of Practice on Preventing Illegal Working dated 13 February 2024, employers are likely to have a 'statutory excuse' against liability for a civil penalty.