Employer Right to Work Checks: What You Must Do to Stay Compliant
If you’re urgently hiring and bringing people into your business quickly, it can be tempting to assume everything is in order.
But without a robust employee right-to-work check process, your business could be exposed to significant risk.
This article explains the pitfalls, outlines what employers must do to check the right to work, and highlights how you can avoid costly fines from the Home Office.
The Risks of Incorrect Right to Work Checks
Case Study: Employer Fined £40,000
A Fish and Chip Shop in Surrey was fined £40,000 after an employee was found to have falsified their documentation to secure a job.
The individual had allegedly doctored their passport to match another person’s details and backed this up with additional ID credentials such as a National Insurance number, student loan payments and housing benefit information.
To the employer, this appeared legitimate, but it wasn’t.
What Had the Employer Done Wrong?
Although the employer had reviewed copies of all documents — including the passport — they had not inspected the original passport.
Had they done so, the forgery would likely have been spotted.
Because of this oversight, the Home Office imposed the fine.
This is a clear reminder of why employers must follow the right-to-work check guidance fully.
What Do the Right-to-Work Rules Say?
The Home Office is unequivocal: employers MUST check original documentation when completing right-to-work checks.
HR Smart advises that employers:
- View and check the original documents
- Take copies, sign them, and date them
- Confirm on the copy that the document is a true likeness of the original
Employers can also complete a digital check using the Government’s online tool.
To use this, the employee must provide their Share Code.
Once the employer enters this online, the outcome can be printed and stored as evidence that the check was completed correctly.
The Home Office is clear that the employer is fully responsible.
The most vigorous defence against penalties is demonstrating a clear, robust process for carrying out right-to-work checks every time.
What Should Employers Do Now?
All employers should review their recruitment process to ensure that right-to-work checks are carried out thoroughly.
This includes ensuring that all hiring managers:
- Understand how to check the right to work
- Know the penalties for non-compliance
- Follow a consistent, documented process
While fines can be severe, the Home Office does recognise when employers have acted responsibly.
If you can demonstrate that each check was completed correctly, you may receive a warning rather than a financial penalty.
The key point is simple: always inspect original documents or complete the official digital check. Any process that falls short of this could leave your business exposed.
Getting HR Support with Right to Work Checks
If you’re not fully confident in your current process, it’s important to seek professional HR advice.
At HR Smart, we help businesses across West Sussex — including Worthing, Chichester, Crawley and Horsham — implement compliant, practical, and easy-to-follow right-to-work checks.
You can also access ongoing guidance through our services:
To learn more, email Jon at jon@hrsmartuk.com or call 01903 754107.
We’re here to help your business stay compliant and protected.
