Right to work compliance: protecting your business from immigration enforcement

Ensuring that your business is properly protected against immigration enforcement can be challenging, especially as the guidelines are prone to frequent change. The latest guidance was issued on 12 February 2025. To help you stay compliant, please see below a simplified breakdown of what you need to know about the right to work compliance.

Who needs to follow right to work rules?

As an employer, you must ensure that anyone you employ has the legal right to work in the UK. This applies to:

• Direct employees: individuals under a contract of employment, service or apprenticeship.
• Self-employed workers: if you are sponsoring them under a sponsor licence, you still need to carry out checks, even if they are not your direct employee.

If you have a sponsor licence, you must also ensure compliance with your sponsor duties when hiring workers.

How do I conduct a right to work check?

There are three main methods for verifying that someone has the right to work:

1. Manual check (for all workers)
   • You need to check the original documents that prove the worker’s right to work.
   • Make sure the documents come from a Home Office-approved list.
   • Keep a clear, unalterable copy of each document for your records.
2. IDVT check (British and Irish Citizens Only)
   • This is a digital check using Identity Document Validation Technology (IDVT).
   • It is only available for British and Irish citizens with biometric passports or residence cards.
3. Online check (for non-British, non-Irish Citizens)
   • This method works for non-British or non-Irish citizens with a share code.
   • It allows employees to provide their details online, which you can verify.

For more details, check the official Home Office guidance: Employer’s Guide to Right to Work Checks.

Who should I check?

• All employees: you must verify a prospective employee’s right to work before hiring them.
• Avoid discrimination: give everyone an equal opportunity to show their right to work, without mandating a specific method.

When should I conduct a follow-up check?

• For time-limited permission: if your employee has limited permission to work in the UK (e.g., their visa has an expiry date), you will need to re-check their status before their current permission expires.
• No follow-up needed: if your employee has indefinite leave to remain or status under the EU Settlement Scheme, you do not need to carry out a follow-up check.

What are the consequences of not conducting right to work checks?

Failing to properly conduct right to work checks can lead to serious consequences, including:

• Civil penalty: you could face a fine of up to £60,000 per illegal worker.
• Criminal conviction: in serious cases, you could receive a prison sentence of up to five years and an unlimited fine.
• Business closure: you could be forced to close down your business, with a compliance order issued by the court.
• Director disqualification: in some cases, company directors can be banned from holding office.
• Seizure of earnings.
• Licence revocation: in certain sectors (e.g. alcohol, private hire vehicles), you could lose your licence.

You could also face being named and shamed in publications listing non-compliant employers. To ensure that you do not face penalties or sanctions, stay up to date with the right to work guidelines. Make sure you always verify the right to work of every prospective and current employee and keep a clear record of the document checked to prove compliance.

If you are unsure about the due processes or need help navigating the guidelines, contact us at Gherson. Our expert legal team can guide you through the complexities of immigration compliance and help you avoid any civil penalties for illegal working. By staying compliant with the right to work guidelines, you can protect your business from significant risks and help ensure that your workforce is legally employed.

Updated: 14 March 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

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