Right to Work
Right to Work checks are a legal requirement for all UK employers before taking on any new employee, regardless of nationality. Employers must see and copy specified identity documents (or use a digital Home Office check service for biometric residence permit holders) and retain records. Employing someone who does not have the right to work can result in a civil penalty of up to £60,000 per worker.
All UK employers must conduct a right to work check before a new employee starts work, regardless of nationality. For British and Irish nationals, employers can use the manual document-based check (passports, birth certificates with NI number evidence) or an Identity Document Validation Technology (IDVT) check via a certified provider. For non-EEA nationals and those with biometric residence permits or e-visas, the employer must use the Home Office online checking service — paper documents are not sufficient. Employers who carry out the prescribed check obtain a 'statutory excuse' — if the check was conducted correctly, they are not liable even if the document later turns out to be false. A civil penalty of up to £60,000 per illegal worker applies where no check was done (up from £20,000 before January 2024). Criminal prosecution (up to 5 years' imprisonment) applies where an employer knowingly employs an illegal worker.