Search

How can we help?

Icon

Right to work checks – how to avoid a £20,000 fine from the Home Office

One of the worst letters which HR can receive has to be a letter from the Home Office headed “Information Request: Illegal Working Civil Penalty” and demanding information about a current or former employee whom the Home Office suspects has been working illegally in the UK. If you receive this letter it will likely say that your company may be liable to pay a civil penalty and ask you to provide evidence of having checked the right to work of one or more of your staff.

If you don’t provide the evidence required within the timeframe, or the Home Office is not convinced that you have a statutory excuse against a civil penalty, then they could fine your company up to £20,000 per illegal worker. Worse, if they suspect that you have knowingly employed someone illegally you could face an unlimited fine and/or a prison sentence of up to 2 years. The scope of this penalty will be widened even further once the Immigration Act 2016 is brought into force, as any employer who knows or has reasonable cause to believe that someone is working illegally could face up to 5 years in prison.  In addition, being found to employ illegal workers could put any sponsor licence that the company has at risk.

So how do you avoid these penalties? To maintain a statutory excuse against such a penalty you need to check the right to work of each worker before they start working for you. This means seeing the worker’s original document evidencing their right to work – not a scan or photocopy. This might be their passport or ID card and, if they are from outside of the European Economic Area, a visa in their passport or a biometric residence permit – a list of the documents that evidence right to work and how to check these can be found on Buddy here. You need to check that the worker’s appearance and name match the details in the right to work document – does the date of birth sound about right? Have they evidenced any change of name? Does the document look valid or is it clearly a forgery and if they have a work visa is this in date or has it expired? If you’re not convinced that the document is genuine or that it gives the employee the right to work then investigate further and don’t employ them until you are satisfied that they can work for you legally.

One of the worst letters which HR can receive has to be a letter from the Home Office headed “Information Request: Illegal Working Civil Penalty”

Crucially, you also need to keep evidence of the check that you have carried out and the date on which you conducted your check. This means keeping a physical or electronic record of every document you have checked for the duration of the person’s employment and 2 years after they leave. To show the date you can either sign and date the photocopy before you file or scan this or hold a separate manual or digital record of the date the check was conducted. For anyone whose permission to work in the UK will expire, you also need to make sure that you repeat your check in the same way when their visa expires to maintain your statutory excuse. The Home Office’s comprehensive guidance sets all of this out.

If you receive an Information Request from the Home Office then make sure you respond within the timeframe and provide full details and evidence of taking these steps, including evidence of when you did the check. Even if the document that you checked turns out to be a convincing forgery, if the Home Office considers that it was reasonable for you to think that the worker had the right to work then you should avoid a hefty penalty.

Employmentbuddy.com 

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.

art
  • 28 April 2026
  • Immigration

Proposed expansion of right to work checks from 1 October 2026: what employers need to know

The Home Office has published a consultation on a draft Code of Practice addressing how employers can avoid unlawful discrimination while preventing illegal working. The draft indicates a planned expansion of right to work (RTW) check obligations to take effect from 1 October 2026.

Pub
  • 27 April 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q2 2026

Join Stuart Mullins and Emma Docking as they explore key corporate and commercial topics, including SME growth and exit strategies for 2026, EMI schemes for employee incentives, and the importance of drag along and tag along rights.

art
  • 22 April 2026
  • Commercial Real Estate

Historic rent reviews: A warning for tenants

We have been asked whether a landlord is able to operate historic rent reviews. 

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.