The one step that invalidated this employer's right to work check
Right to work checks are the biggest area of non-compliance we see amongst new clients. In this blog we look at why you should be checking and how.
The one step that invalidated this employer's right to work check
Right to work checks are the single biggest area of non-compliance we see amongst new clients. Either they aren't done at all or, if they are, they are checked incorrectly meaning there is no protection from a potential fine.
You can do everything you think is right and still get hit with a massive fine which is exactly what happened to a fish and chip shop owner in Surrey.
They thought they'd covered all the bases as the person they hired had a National Insurance number, benefit paperwork and was already on PAYE with another employer. But the Home Office disagreed and the business was fined £40,000.
Where it went wrong
The employee had presented forged documents. The organisation never physically saw the original passport, which would have revealed the forgery.
That single missed step invalidated their entire right to work check as all the other paperwork meant nothing.
It's easy to assume that having a National Insurance number or P45 proves that someone can work legally in the UK but it doesn't.
What you actually need to do
The rules are stricter than most people realise:
- You must physically inspect original documents (or use approved digital services)
- Take copies and record the date you checked them
- Complete everything before the person starts work
- Keep records for the whole employment period plus two years
Miss any of these steps and you lose your legal protection.
The Home Office doesn't care if you acted in good faith or if your organisation only has 3 employees, they are treating organisations of all sizes equally.
The reality of enforcement
Right to work checks aren't just paperwork exercises anymore. The Home Office is actively targeting organisations and the fines are now huge - £60,000 per illegal worker if you're a repeat offender.
The Surrey case shows that it can happen to anyone. The organisation had no idea they were hiring someone illegally, but that didn't matter when the fine arrived.
Protecting yourself
Right to work checks aren't bureaucracy for the sake of it, they are protection for your organisation.
We recommend you take a look at your current process.
- Are you physically checking original documents for every new employee?
- Are you keeping proper records?
- Does everyone involved in your hiring process know these rules?
If you're not confident about any part of your right to work process, we can help you get this sorted. It's a lot easier to put a system in place now than try to fix things after the damage is done.
We can set up a right to work process for you, provide advice or take over these checks for you using our digital system (priced at £35+VAT per person per check).
Get in touch for more information and to get started.
