What is the maximum penalty for employing an illegal worker?

The maximum civil penalty for employing an illegal worker is up to 60,000 pounds per illegal worker for a first offence and up to 60,000 pounds for repeat offences. Criminal prosecution can result in up to 5 years imprisonment.

How do I establish a statutory excuse against a civil penalty?

You establish a statutory excuse by conducting a compliant right-to-work check before the person starts work, and conducting follow-up checks where required. This means verifying original documents, taking copies, and recording the date of the check.

Do I need to check right to work for all employees?

Yes. You must check the right to work of all prospective employees before they start work, regardless of their nationality, ethnicity, or background. Checking only certain nationalities would be discriminatory.

What is the Home Office Employer Checking Service?

The Employer Checking Service (ECS) allows employers to verify a person's right to work when the employee cannot show their documents, for example because they have an outstanding immigration application. The ECS provides a Positive Verification Notice confirming the person's right to work.

Preventing Illegal Working: Employer Guide to Compliance

Employers who fail to check their employees' right to work face civil penalties of up to 60,000 pounds per worker and potential criminal prosecution. Conducting proper checks before employment begins establishes a statutory excuse. This guide covers the full compliance process.

Your Legal Duty as an Employer

Every UK employer has a legal obligation under the Immigration, Asylum and Nationality Act 2006 to prevent illegal working. This means you must verify that every person you employ has the right to work in the UK before they start work.

The duty applies to all employers, from large corporations to small businesses and sole traders who hire staff. It applies to all types of employment, including full-time, part-time, temporary, and agency workers.

Conducting a proper right-to-work check protects you by establishing a "statutory excuse." This means that even if it later turns out that a worker did not have the right to work, you will not face a civil penalty provided you conducted the check correctly.

How to Conduct Right-to-Work Checks

There are three methods for conducting right-to-work checks:

1. Online Check

Use the Home Office online right-to-work checking service with the employee's share code. This is available for people with eVisas, BRPs, and certain other immigration documents. The online check provides a real-time confirmation of the person's right to work.

2. Manual Document Check

For employees who present physical documents (such as a British or Irish passport), you must:

Obtain original documents from the employee.
Check the documents in the presence of the employee.
Verify the documents are genuine, belong to the person, and allow them to do the work offered.
Make and retain clear copies of the documents.
Record the date of the check.

3. Identity Document Validation Technology (IDVT)

For British and Irish citizens with valid passports, you can use a certified Identity Service Provider (IDSP) to conduct the check digitally. This is particularly useful for remote hiring.

Follow-Up Checks

If an employee has time-limited right to work (for example, they hold a Skilled Worker visa with an expiry date), you must conduct a follow-up check before their permission expires. This ensures they have renewed their visa or obtained new permission to work.

If an employee's visa expires and they have applied to extend it, they may be covered by Section 3C leave. In this case, you can use the Employer Checking Service to verify their ongoing right to work.

Penalties for Non-Compliance

The penalties for employing someone without the right to work are severe:

Civil penalty: Up to 60,000 pounds per illegal worker. This applies if you did not conduct a proper check and the worker turns out to be working illegally.
Criminal prosecution: If you knowingly employ someone without the right to work, you could face up to 5 years in prison and an unlimited fine.
Sponsor licence implications: If you hold a sponsor licence, non-compliance can lead to suspension, downgrading, or revocation of your licence.

Read our detailed guide on right-to-work check penalties for more information.

Avoiding Discrimination

While you must check right to work, you must do so without discriminating. The Equality Act 2010 prohibits discrimination based on race, ethnicity, or nationality. This means:

Check all employees, not just those who appear to be foreign.
Apply the same checking process to everyone.
Do not make assumptions about someone's right to work based on their appearance, accent, or name.
Accept valid documents from List A or List B as specified in the guidance.

Record Keeping

You must retain copies of all right-to-work documents for the duration of employment and for 2 years after employment ends. Records should include:

Clear copies of all documents checked
The date the check was conducted
For online checks, a printed or saved copy of the online check result

Good record keeping is essential for demonstrating your statutory excuse if challenged.

Sponsorship and Preventing Illegal Working

If you are a licensed sponsor, your duties go beyond basic right-to-work checks. You must also comply with your sponsor duties, including reporting changes in a worker's circumstances, monitoring attendance, and keeping records. Non-compliance affects not just your penalty risk but also your sponsor licence.

For guidance on the full audit process, see our guide to Home Office audits.

Next Steps

Review your current right-to-work checking processes. Ensure all staff involved in recruitment understand the requirements. Consider using the online checking service where possible for a more streamlined process.

Related guides:

Preventing Illegal Working: A Guide for UK Employers