Ensuring compliance with right to work checks is crucial for UK employers to avoid heavy fines, reputational damage, and even the loss of their sponsor licence. These checks confirm that employees are permitted to work in the UK and not restricted by their immigration status, but mistakes can lead to significant risks.

Failure to carry out right to work checks properly can lead to your business being issued a civil penalty of up to £20,000 per illegal worker.

Here, we outline the three most common mistakes employers make during right to work checks and how to avoid them.

1. Failing to Verify the Correct Documents

One of the most common mistakes employers make is failing to verify the correct documents. Under UK immigration law, the documents that need to be verified depends on the immigration status of the employee. However, not all documents are acceptable, and failing to check the right ones can lead to non-compliance.

For instance, as of 6 April 2022, “biometric cards” (Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), Frontier Worker Permits (FWPs)) are no longer accepted as evidence of an employee’s right to work and a digital check via the Home Office’s online right to work checking service should be carried out instead.

However many employers are still accepting physical biometric cards which puts them at risk of a civil penalty if their employees are found to not have the right to work.

To avoid this mistake, ensure you and your HR team stay updated on the latest guidelines and know which documents are acceptable.

1. Not Keeping Proper Records of Right to Work Checks

Record-keeping is an essential step in the right to work checking process, yet many employers fail to properly document and store these records. This mistake can be costly if the Home Office audits your business for compliance.

No matter what method you use to carry out a right to work check on your employees, you must retain copies of the relevant documents for the duration of the individual’s employment and for a further two years after employment ends.

 These copies must be clear and readable, and include all parts of the document. Failing to retain complete records can result in penalties.

To stay compliant, keep a systematic and secure storage process for all right to work documents. Consider using digital storage systems to ensure easy access and retention of documents for the required period.

1. Not Conducting Follow-up Checks for Time-Limited Permissions

Some employees have time-limited right to work, meaning their permission to work in the UK will expire at a certain date. Employers often make the mistake of not conducting follow-up checks before the expiration of the employee’s visa or work permit.

Employers should have a reliable system in place to track visa expiry dates and schedule follow-up checks well in advance. If an employee’s visa expires and no follow-up check is done, they may become an illegal worker.

To avoid this mistake, implement a calendar or automated reminder system to track when follow-up checks are due. This will help ensure you are fully compliant with right to work legislation.

How to Avoid These Common Right to Work Mistakes

Guidance on right to work checks can be complex and the constant changes surrounding this area of law complicates matters further making businesses prone to making mistakes. Avoiding these mistakes requires a combination of knowledge, training, and implementation of correct processes. Here are some tips for maintaining compliance:

1. Training: Ensure your HR team is properly trained on right to work checks, including the latest guidance from the Home Office.
2. Regular Audits: Conduct internal audits of your right to work processes to identify and correct any weaknesses.
3. Seek Professional Guidance: Consulting with immigration law experts like Templeton Legal Services can provide clarity on complex cases and help safeguard your business.

Conclusion

Avoiding these common mistakes when conducting right to work checks can save your business from substantial fines, legal challenges and reputational damage. By staying up to date with document requirements, maintaining accurate records, and conducting timely follow-up checks, you can ensure your business remains compliant with UK immigration laws. For more guidance on maintaining compliance with right to work requirements, feel free to contact us for expert advice tailored to your business needs.