In the UK, businesses are legally obligated to verify and keep records proving each employee’s right to work in the country. Failure to do so can result in hefty fines per offense, alongside other potential penalties.The UK has strict rules to prevent unauthorized immigration, and businesses play a crucial role. To comply, you must verify the work eligibility of all employees.

While companies recognize their obligations under Right-to-Work legislation and implement policies for compliance, practical challenges can still lead to unintentional breaches and potential enforcement action
Verifying Employee Eligibility to Work in the UK
There are three main methods for employers in the UK to verify an employee’s right to work:

Online Share Code Checks (Free)

• This convenient service allows potential employees to generate a unique share code online.
• Employers can use this code to instantly confirm the employee’s work eligibility through the Home Office system.

Manual Document Checks

• This traditional method involves physically inspecting original documents from a government-approved list (List A or B) during the hiring process.
• Employers need to verify the documents’ authenticity, confirm the employee’s eligibility, and retain clear copies for records.

Employer Checking Service (ECS) Checks

• This method applies when an employee has applied for extended permission to stay in the UK but is still awaiting a decision.
• Employers must use the ECS to obtain a positive verification notice (PVN) confirming the employee’s current right to work.

Regular Follow-Up Checks are Crucial
It’s important to conduct right-to-work checks not just for new hires, but also for existing employees with temporary work permissions. Scheduling follow-up checks ensures continuous compliance and helps avoid potential penalties.
The time it takes to complete a right-to-work check depends on the chosen method. Online share code checks offer the fastest option, with employers receiving confirmation from the Home Office in mere minutes. Manual document checks, however, can take longer as they involve a more in-depth examination of the physical documents. Employers should factor in this additional time during the hiring process to ensure a thorough review. Finally, Employer Checking Service (ECS) checks have variable processing times depending on the specific circumstances. While waiting for ECS verification, employers can benefit from a temporary 28-day statutory excuse, provided they have a copy of the employee’s valid application for extended leave to stay in the UK.

Skipping Right-to-Work Checks? Beware the Consequences

Failing to conduct proper right-to-work checks leaves your organization completely exposed to a range of severe consequences. These include hefty civil penalties of up to £60,000 per violation for employing someone illegally. Even criminal prosecution, enforced debt collection, and a county court judgment (CCJ) are potential outcomes.

Furthermore, your sponsor license (if applicable) could be suspended or revoked, hindering your ability to hire foreign workers in the future. Obtaining credit may become more difficult, and company directors could face disqualification. The Home Office may even publicly list your company as a violator.

Perhaps the most damaging consequence is the severe reputational harm that can result from these actions. Negative publicity can significantly impact your profits and, in the worst-case scenario, even force your business to close. Don’t gamble with your company’s future – ensure you conduct proper right-to-work checks.

Please contact our UK immigration lawyers for help and advice on meeting your Right to Work duties, please to us at contact@aaraflawyers.com and one of our UK immigration lawyer shall call you back. Alternatively you can call us on 0203 442 0292 .