Ensuring that only individuals with lawful immigration status are employed in the UK is a fundamental responsibility of all employers. The Home Office Right to Work policy plays a crucial role in preventing illegal employment by requiring employers to conduct Right to Work checks before hiring. This policy safeguards job opportunities for legally eligible workers, combats illegal immigration, mitigates exploitative employment practices, and fosters fairness within the labour market.
Key Steps for Employers
Employers must follow three essential steps when conducting Right to Work checks:
- Verification of Documents – Employers must inspect relevant documents to confirm an individual’s right to work in the UK.
- Record-Keeping – Copies of all verification documents must be retained for compliance purposes.
- Follow-up Checks – For employees with time-limited work authorization, follow-ups are necessary to ensure continued eligibility.
Recent Policy Changes
Several updates to the Right to Work policy have been introduced in recent years to enhance compliance and efficiency
- Temporary COVID-19 Adjustments – Employers were permitted to verify documents via video calls and accept scanned copies; this ended on 30 September 2022.
- Digital Right to Work Checks – Since April 2022, British and Irish citizens can have their status verified through Identity Service Providers (IDSPs). Additionally, an online Home Office checking system has been available since 2019 for those with digital immigration records.
- Increased Penalties – As of February 2024, the maximum civil penalty for employing illegal workers rose from £20,000 to £60,000 per case.
- Streamlined EEA Citizen Checks – From June 2024, employers will only need to check pre-settled EEA citizens and their family members at the start of employment, eliminating follow-up requirements.
- Biometric Residency Permits (BRPs) Phased Out – From January 2025, BRPs will no longer be issued, and holders must verify their status digitally via the Home Office platform.
Methods of Conducting Right to Work Checks
Employers can choose from three distinct methods to ensure compliance:
- Manual Checks
- Valid for all employees.
- Requires examination of original documents such as passports, birth certificates, or official evidence of name and national insurance numbers.
- Employers must make and store clear copies of documents.
- Documents must be verified for authenticity and suitability for the proposed role.
- Online Checks via the Home Office Service
- Applicable to foreign nationals with digital immigration records.
- Employees generate a share code via the Home Office platform, which employers use to verify work eligibility.
- Employers must retain an official verification copy for compliance.
- IDSP-Assisted Digital Checks
- Available for British and Irish citizens with valid passports.
- IDSPs digitally verify identity and work status.
- Employers receive certified verification for record-keeping.
Compliance and Consequences
Employers failing to carry out these checks risk non-compliance and potential penalties. Adherence to the Right to Work policy is essential to protect businesses from legal repercussions whilst contributing to a fairer labour market.
