In today’s rapidly evolving business environment, employers must ensure that their hiring processes are not only effective, but also fully compliant with immigration laws. Recent developments from the UK Home Office have highlighted the importance of immigration compliance and the right to work checks for employers. With increasing scrutiny on businesses, it has never been more critical for employers to understand their obligations and take the necessary steps to avoid the risk of penalties and reputational damage.
What are right to work checks?
Right to work checks are a legal requirement for employers in the UK to ensure that the people they hire have permission to work in the country. These checks are an essential part of the hiring process and must be carried out before a new employee begins their role. Employers must verify that all employees – whether UK nationals, EU nationals, or those from outside the European Economic Area (EEA) – have the appropriate immigration status to legally work in the UK.
These checks must be thorough and well-documented, as failure to do so can result in heavy fines. In extreme cases, employers can face criminal prosecution if they knowingly hire individuals without the right to work.
Growing focus on immigration compliance
In recent months, the Home Office has been focusing more sharply on employers’ obligations regarding immigration compliance. With an increasing number of businesses hiring self-employed contractors or relying on gig economy models (usually, but not always, via digital platforms that link workers with short-term tasks, paid on a per task basis), ensuring that workers have the legal right to work in the UK has become more complicated. The Home Office has made it clear that businesses must take responsibility for verifying the right to work status of all workers, not just employees.
In particular, employers using self-employed workers or temporary contractors need to be aware of the additional complexities. For example, businesses in sectors such as construction, care, hospitality and logistics are more likely to engage self-employed workers or gig economy contractors, and these workers may be more difficult to track. Substitution, a practice where one worker replaces another, is common in these sectors, but it also increases the risk of hiring individuals who do not have the legal right to work in the UK.
Why employers must be vigilant
Non-compliance with immigration laws can lead to severe consequences. Employers found guilty of hiring individuals without the right to work face civil penalties of up to £60,000 per illegal worker. In more serious cases, where the employer is found to have knowingly employed an illegal worker, the penalties can include criminal prosecution, which could result in a prison sentence of up to 5 years.
The Home Office has been cracking down on businesses in high-risk sectors, conducting audits and inspections of company records more frequently. These inspections can occur at any time, and the consequences of not maintaining proper documentation or failing to carry out comprehensive right to work checks can be severe.
Additionally, failure to comply with immigration laws can also damage a business’s reputation. Customers, clients and employees expect companies to act responsibly and comply with legal requirements. News of a business being fined or prosecuted for immigration violations can result in loss of trust, harm to brand reputation and negative publicity. In today’s competitive marketplace, businesses can ill afford to suffer from such damage.
What employers need to do
Employers should act proactively to ensure that they are compliant with immigration laws. Here are some key steps to take:
- Conduct thorough right to work checks
- Check the immigration status of every employee or worker before they start working.
- The Home Office provides online tools and resources for employers to verify the validity of a worker’s right to work.
- Make sure to maintain a clear record of these checks.
- Keep detailed records
- Documentation is vital when it comes to immigration compliance.
- Employers should keep records of the right to work checks they perform, including copies of documents such as passports, visas or biometric residence permits.
- If an employee’s right to work is time-limited, employers must keep track of expiration dates and perform follow-up checks as necessary.
- Stay updated on changes in immigration laws
- Immigration laws are constantly evolving, and what was compliant yesterday may no longer be so today.
- Employers should stay informed about changes to the law and immigration policies.
- Regularly check the Home Office’s guidance and engage legal advisors on how to maintain compliance with the latest requirements.
- Provide training to HR and recruitment teams
- HR and recruitment teams play a central role in ensuring compliance with right to work regulations.
- Regular training for these teams will help them recognise what is required for a valid check and ensure they understand the penalties for non-compliance.
Seek legal advice
The landscape of immigration compliance can be complex, especially when hiring workers from outside the UK or engaging with non-traditional employment models. If your business uses self-employed contractors, temporary workers or gig economy models, seeking legal advice can ensure that you are meeting your compliance obligations and mitigating risks. Our expert teams specialising in immigration law can guide you through the process, provide tailored advice and ensure your business is up-to-date with the latest rules and regulations.
Updated: 7 April 2025
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2025