Right to work checks

Amendments to the ways employers can perform ‘right to work’ checks were recently announced by the government. Concerningly, various press reports seemed to suggest the changes would have cost implications for employers at a time when many businesses are already affected by increasing expenses.

It remains illegal to employ anyone who does not have the right to work in the UK. Employing an illegal worker has significant consequences and can result in criminal conviction and/or a penalty of up to £20,000 per employee. However, if they have carried out adequate right to work checks, the employer will have a statutory defence even if that worker is later discovered to be illegally working.