Right-to-Work Checks - A Guide for
Employers in London

Ensuring compliance with right-to-work legislation is a critical responsibility for employers in London. Hiring someone not authorised to work in the UK carries legal and financial consequences, including heavy fines and reputational damage. But this process, while essential, can seem daunting, especially with Brexit's recent impact on hiring.

This guide breaks down everything London employers need to know about right-to-work checks, from understanding the legal framework to implementing best practices. By the end of this post, you'll feel confident conducting compliant checks that protect your business and employees.

1. Understanding the Legal Framework

What are Right-to-Work Checks?

A right-to-work check is a process employers must carry out to ensure a prospective employee is legally allowed to work in the UK. This safeguard helps businesses avoid employing individuals without the necessary immigration permissions.

Failure to perform these checks correctly can result in fines of up to £20,000 per illegal worker – a risk no employer should take lightly.

Why Are They Necessary?

Right-to-work checks are required by law under the Immigration, Asylum and Nationality Act 2006. They ensure compliance and protect the UK's labour market by preventing illegal working practices.

For employers, these checks serve as a statutory excuse – a defence against liability if it turns out an employee doesn't have the required permissions.

2. Who Needs a Right-to-Work Check?

Right-to-work checks apply broadly across industries. Employers must carry out checks on all prospective employees, regardless of their nationality. This ensures fairness and compliance with anti-discrimination laws.

Types of Workers That Require Checks

UK Citizens – While most UK citizens will have the right to work, employers must still verify documentation (such as a passport or birth certificate).

EEA/Swiss Nationals – Since Brexit, the European Economic Area (EEA) and Swiss nationals generally require immigration status under the UK's points-based immigration system.

Non-EEA Nationals – Must present valid documentation, like a biometric residence permit, work visa, or other permission.

Offering consistent checks for all applicants avoids potential accusations of racial or nationality discrimination.

3. Conducting a Right-to-Work Check

Step 1: Obtain Original Documents

Ask the employee to provide acceptable documents demonstrating their right to work in the UK. A full list is available on the UK government's website. Common documents include a valid passport or a biometric residence permit.

Step 2: Verify the Authenticity of Documents

Examine the documents provided. Confirm that they are genuine, relate to the employee, and are valid. Check for signs of tampering or incorrect details.

Step 3: Make Copies and Record the Date

Take clear copies of the documents, ensuring all relevant sections (such as expiry dates) are included. Record the date the check was completed.

Digital Right-to-Work Checks

Employers can now use online checks for candidates with a biometric residence permit or settled status under the EU Settlement Scheme. After completing the check, save the digital certificate as part of your records.

4. Common Mistakes to Avoid

Even well-meaning employers can face penalties if compliance falters. Here are some frequent errors to watch for and avoid:

Failing to Check All Employees – Omitting right-to-work checks for some employees can be seen as discrimination or negligence.

Using Expired Documents – Always double-check expiry dates to ensure the documentation is still valid.

Relying Too Heavily on Recruitment Agencies – While agencies can assist, the ultimate responsibility lies with the employer.

Not Recording the Date of the Check – This detail is critical as proof that you conducted the check on time.

5. The Impact of Brexit on Right-to-Work Checks

Brexit has changed the way businesses manage right-to-work checks, particularly for EEA and Swiss nationals. While they were previously exempt from immigration controls, most now need to prove their status under the UK's immigration framework.

Key Changes After Brexit

The EU Settlement Scheme (EUSS) allows EEA and Swiss nationals to continue living and working in the UK if they register before 30 June 2021.

Employers must conduct checks online for those with EUSS status, as physical documents are no longer proof of the right to work.

Remaining up to date on immigration law changes post-Brexit is vital for businesses in London hiring international talent.

6. Best Practices in Maintaining Compliance

Consistency in right-to-work checks is more than a legal obligation – it’s an opportunity to foster trust and inclusivity in your workplace. Here are some best practices to implement:

Train Your Team – Ensure anyone involved in recruitment understands the process and its importance.

Develop a Checklist – Use a standard right-to-work checklist to avoid missing critical steps.

Audit Regularly – Conduct periodic audits of employee records to ensure ongoing compliance.

Keep Up with Changes – Bookmark government resources and attend HR workshops to stay informed on updates to legislation.

7. Tools and Resources for Simplifying the Process

Performing right-to-work checks manually can be time-consuming, but various tools are available to automate and improve efficiency.

Recommended Tools

GOV.UK Online Employer Checking Service – A free tool to verify candidates’ immigration status.

HR Management Software – Platforms like CIPHR and BambooHR streamline the process with automated reminders and document storage.

Legal Expertise – Consulting HR or legal professionals can provide peace of mind for complex cases.

The Importance of Due Diligence in Protecting Your Business

Right-to-work checks are not just a legal formality – they are a safeguard for your business, employees, and reputation. By following the steps and best practices outlined in this guide, London employers can ensure compliance while fostering a fair and inclusive work environment.

Need assistance navigating your right-to-work responsibilities? Just dial an expert of Bureau De Connect to stay ahead of the curve.