The Right to Work Checks That Could Cost You £45,000
How to protect your business from illegal working fines
Almost 750 illegal working civil penalty notices were issued to businesses in just three months this year. That's an 80% increase on last year.
But here's the bigger picture: between July 2024 and May 2025, there were 9,000 enforcement visits resulting in 6,410 arrests. The government isn't just talking tough - they're taking action.
The fines are eye-watering: up to £45,000 for each illegal worker. For repeat offences? £60,000 per person. And it's not just fines - you could face criminal charges and business closure.
Many employers think they're doing the right thing. They check documents, they keep records. But they're still getting it wrong.
Here's how to protect your business.
Why Right to Work Checks Matter More Than Ever
💰 The financial risk is huge £45,000 per illegal worker isn't a slap on the wrist. For a small business, even one fine could be devastating. Multiple workers? It could close you down.
🔍 Enforcement is increasing The Home Office issued 80% more penalty notices in Q1 2025 compared to last year. They conducted 9,000 enforcement visits in 11 months, resulting in 6,410 arrests. They're actively looking for businesses that get this wrong.
⚖️ Criminal charges possible It's not just civil penalties. You could face criminal charges for knowingly employing illegal workers, and your business could be shut down completely.
⚖️ The rules keep changing Immigration rules changed again in July 2025 - Skilled Worker visas now require degree-level jobs instead of A-level equivalent, and Adult Social Care visas closed to new applicants. What worked last year might not be compliant now. Ignorance isn't a defence.
🛡️ Your statutory excuse matters Do the checks properly, and you have legal protection even if someone later turns out to be working illegally. Get them wrong, and you're liable for the full penalty.
The Three Ways to Check Right to Work
📄 Manual checks The traditional method - checking original documents in person, copying them, and keeping secure records.
What you need to do:
- Get original documents from the government's approved lists
- Check them in the person's presence
- Take dated copies
- Set reminders for follow-up checks when documents expire
💻 Online checks (mandatory for some) Using the Home Office's online checking service for people with biometric documents (like BRP cards or ePassports). Note: Biometric Residence Cards/Permits MUST be checked online only - physical copies are no longer acceptable since July 2021.
What you need to do:
- Get the person's share code from their gov.uk account (expires after 30 days)
- Enter their details into the Home Office Employer Checking Service
- Verify the photograph matches the person (in person or via live video call)
- Download and retain the confirmation
- Set reminders for when permission expires
📱 Digital checks (British and Irish nationals only) Using certified Identity Service Providers with special technology.
What you need to do:
- Use only government-certified providers
- Complete biometric and document checks
- Keep copies of the validation reports
The Mistakes That Cost You Protection
❌ Accepting the wrong documents Not all documents prove right to work. Using an out-of-date list or accepting documents that look official but aren't approved will lose you your statutory excuse.
❌ Poor quality copies Blurry photocopies or partial documents won't protect you. You need clear, complete copies of every page that prove identity and work rights.
❌ Missing follow-up checks Many work permissions are time-limited. If you don't check again when they expire, you lose your protection and could be employing someone illegally.
❌ Accepting photos or scans You must see original documents in person or via live video call. Photos, scans, or emailed copies don't provide statutory excuse protection.
❌ Not checking consistently You must check every employee's right to work, regardless of their nationality, appearance, or accent. Selective checking could lead to discrimination claims as well as penalties.
❌ Reasonable cause to believe If you have any reason to suspect someone doesn't have the right to work - inconsistencies in their story, documents that don't look right, or tip-offs from colleagues - you must investigate. Turning a blind eye removes your protection.
What's Coming Next
📋 Extended requirements The Border Security, Asylum and Immigration Bill is progressing through Parliament. When passed, Right to Work checks will extend to:
- Gig economy workers
- Subcontractors
- Anyone working "in the name of your business"
- Third-party platforms
🤝 TUPE transfers If you're acquiring a business, the Right to Work checks transfer with the employees. But so does the liability for any improperly conducted checks. You get a 60-day grace period to complete proper checks for acquired workers.
What Changed in July 2025
🎓 Higher skill requirements Skilled Worker visas now require degree-level jobs (RQF 6) instead of A-level equivalent (RQF 3). Around 180 job types are no longer eligible.
🏥 Adult Social Care visa closed No new applications accepted from July 2025. Existing workers can stay until July 2028, but can't extend after that.
⏳ Transition periods apply If you have workers on the old rules, they can continue for now. But plan for when the transition periods end.
Five Actions You Must Take Now
🔍 Audit your current process Review how you currently do right to work checks. Are you using the latest government guidance? Are your document lists up to date? Are your records complete?
📚 Train your hiring managers Everyone involved in recruitment needs to understand the current rules. One mistake by one manager could cost you £45,000. Make sure they know what documents to accept and how to check them properly.
📅 Set up follow-up systems Create calendar reminders for when work permissions expire. Don't rely on employees to tell you when their visa runs out. You're responsible for checking.
📋 Review your current workers Check the status of any foreign nationals you employ. With the visa rule changes, some may not be able to extend their permission to work. Plan for this now, not when their visa expires.
🔐 Secure your records Make sure your right to work documentation is stored securely and is easily accessible. You may need to produce it quickly if you're investigated.
When Employees Refuse to Provide Documents
This is tricky. You can't dismiss someone just for refusing to provide right to work documents - that could be discriminatory.
But you can dismiss for "some other substantial reason" if you genuinely and reasonably believe you'd be breaking the law by continuing to employ them without seeing the documents.
The key is demonstrating that your belief is genuine and reasonable, not just an excuse to get rid of someone.
Red Flags to Watch For
🚨 Reluctance to provide documents Most people with the right to work are happy to prove it. Excessive delays or excuses could indicate problems.
🚨 Documents that don't look right Poor quality printing, missing security features, or information that doesn't match what the person tells you.
🚨 Inconsistent information Stories that change, dates that don't add up, or qualifications that don't match the job requirements for their visa type.
🚨 Cash payment requests People without proper work authorisation sometimes prefer cash payments to avoid detection.
The Reality Check
Right to work checks aren't bureaucracy. They're business protection.
The government is serious about stopping illegal working. The fines are substantial and the enforcement is increasing.
But if you do the checks properly, you're protected. Even if someone later turns out to be working illegally, you won't face penalties if you followed the correct process.
Don't think this won't affect you. 750 businesses got penalty notices in just three months. They all thought they were doing things correctly.
Review your process. Train your people. Keep proper records.
Because £45,000 per illegal worker isn't a risk worth taking.
Need help ensuring your right to work processes are bulletproof? Send me a DM if you’d like help or support. The businesses getting this right are those taking it seriously now, not waiting for a penalty notice.
