• 18 Mar 2024
• •
• 2 min read

Employment Alert – Key changes to right to work checks

What’s happening?

The Home Office announced that significant increases to the civil penalties for employing illegal workers came into force on 13 February 2024.

Alongside this, the Home Office has also published updated guidance for employers on right to work checks. The guidance applies to right to work checks undertaken on or after 13 February 2024.

Why is this important?

It is a criminal offence for employers to employ individuals they know or have reasonable cause to believe are working in the UK illegally.

To avoid civil penalties, employers should be undertaking compliant right to work checks before employment begins. By doing so, this gives employers a statutory excuse against liability in the event the employer is found to have employed someone who is disqualified from carrying out the work by reason of their immigration status.

Even where right to work checks are carried out, there is no statutory excuse for employers if:

• it is reasonably apparent that the person presenting the document is not the same person referred to in the document, even if the document itself is genuine.
• they know the individual is not permitted to undertake the work in question.
• they know the documents are false or do not rightfully belong to the individual.
• the right to work check has not been undertaken correctly.
• the right to work check has been undertaken by a third party (save where an Identity Service Provider (IDSP) has been used (where applicable) and they are also compliant).

The new guidance confirms that the civil penalty for non-compliance has been raised to:

• £45,000 per illegal worker for a first breach (originally £15,000); and
• £60,000 per illegal worker for repeat breaches (originally £20,000).

What should you do?

• Save where you are rightfully using an IDSP, carry out the right to work checks yourself and not through a third party.
• Familiarise yourself with the updated guidance and ensure your right to work checks are compliant. There are a number of factors to consider here and so we suggest taking legal advice if you are unsure.
• Ensure you keep copies of all right to work checks, subject to the relevant retention requirements under data protection laws.
• Where right to work is time-limited, ensure you are carrying out follow-up checks before an individual’s right to work expires. If you identify an existing employee who no longer has a right to work, seek urgent legal advice on the actions you are required to take.
• If you identify an existing employee who no longer has a right to work, seek urgent legal advice on the actions you are required to take.

If you would like to talk to our expert Employment team, please please call us on 0800 2800 421 or contact us using the form below.