A new reminder from the Home Office highlights why every employer must carry out proper Right to Work checks on Job applicant’s before hiring.
Illegal working not only fuels illegal migration, but also puts workers at risk of exploitation and undercuts compliant businesses.
Every UK employer — whether a small shop or a large care provider — has a legal duty to verify a worker’s eligibility before employment begins.
Failing to do so can lead to severe civil and criminal penalties.
Why Employers Must Prevent Illegal Working
Preventing illegal working protects both people and businesses.
It ensures fair pay, lawful employment, and reduces exploitation.
The Home Office notes that illegal working drives illegal migration and creates unfair competition for compliant employers.
⚖️ Penalties for Non-Compliance & The Statutory Excuse
Employers who fail to conduct proper checks risk serious penalties.
However, by carrying out a compliant Right to Work check, you gain what’s known as a statutory excuse — legal protection that helps you avoid penalties if an employee is later found to be working illegally.
Key Penalties
- Up to £60,000 fine per illegal worker if you fail to complete proper checks.
- Unlimited fines and up to 5 years in prison if you knowingly employ someone without the right to work.
Tip: Always complete and keep a record of Right to Work checks to secure your statutory excuse and protect your business.
Three Compliant Methods for UK Right to Work Checks in 2025
There are three approved ways to verify a worker’s Right to Work in the UK.
| Method | Who It Applies To | How It Works |
|---|---|---|
| Manual Check | All citizens | Review and copy original physical documents such as a passport or visa. |
| IDVT (via IDSP) | UK and Irish citizens | Use Identity Document Validation Technology through a certified Identity Service Provider for digital verification. |
| Home Office Online Check | Non-UK and non-Irish citizens | Verify via share code and date of birth on the official Home Office Right to Work service. |
Note: Employers must retain copies of the check and record the date it was completed.
How to Stay Compliant in 2025
The Home Office has increased its focus on Right to Work compliance and illegal working penalties.
Employers, especially in regulated sectors such as care and hospitality, should strengthen their internal checks.
Best Practices
- Train HR staff on using IDVT and online Home Office checks correctly.
- Keep an audit trail and store verification results securely.
- Recheck employees when visa permissions are due to expire.
- Stay informed on the upcoming digital ID rollout expected by 2026–27.
What’s New in 2025
- Physical BRP and BRC cards are being phased out. Employers must now conduct Home Office online checks for affected workers.
- The Home Office is expanding its enforcement to include gig-economy and contract-based roles, ensuring every worker has verified Right to Work status.
Where to Find Official Guidance
The Home Office provides several trusted guides for employers:
- Right to work checks: an employer’s guide (GOV.UK)
- Check a job applicant’s right to work (GOV.UK)
- Penalties for employing illegal workers (GOV.UK)
If you have questions, contact the Employer Enquiry Helpline at 0300 790 6268
(Mon–Thu: 9 a.m.–4.45 p.m., Fri: 9 a.m.–4.30 p.m.),
or email IE-CAS@homeoffice.gov.uk for training and support.
For call charges, visit Call charges and phone numbers (GOV.UK).
Final Takeaway
Every employer in the UK must carry out Right to Work checks before hiring.
This simple step safeguards your business, protects employees, and meets Home Office standards.
As digital ID verification expands nationwide, maintaining proper records and internal compliance procedures will be crucial.
Acting now ensures long-term security and peace of mind.
Need Help Staying Compliant?
UKVICAS helps employers and sponsor licence holders stay compliant with Home Office requirements.
If you’re unsure about your sponsor license duties or need help to audit your records, we can help.
👉 Register now for a free compliance consultation
Our experts can review your HR systems, audit your records, and prepare you for Home Office digital checks.