Let me ask you a question…

Do you carry out right to work checks on all of your new starters?

Whenever I meet a new client, this is one of my first questions, and the answers are often surprising…

• “What are they?”
• “I have some, but not all.”
• “I don’t need them, I know they have the right to work, they’ve worked somewhere before.”
• “Yes, I’ve got their NI number.”
• “Definitely, I have their driving licence.”

What would your answer be if I asked you this question?

The thing is – none of these meet the legal requirement.

And so many employers assume “it won’t happen to me” … but that’s exactly what the owner of a Surrey fish and chip shop thought too.

A Costly Lesson: The Big Fry Case

In July this year, the owner of Big Fry Fish & Chips in Egham, Surrey was fined £40,000 by the Home Office after employing someone who allegedly didn’t have the legal right to work in the UK.

The owner thought he’d done his checks. The employee had provided:

• a photocopied passport
• an NI number
• documents showing student loan and housing benefit payments

…the Home Office was clear: these are not valid proof of right to work.

Immigration officers later confirmed the individual was using someone else’s identity.

The owner described himself as being in “total shock”, calling it a “genuine mistake”.

But, genuine mistake or not, the consequences were very real, and this just highlights that assumptions or incomplete checks are simply not enough.

Why I’m Passionate About This

As a HR professional, I’ve saved many organisations from huge fines simply by asking that one question about right to work checks.

It’s become second nature to me – I even chat about it with business owners in my local coffee shop!

Alongside raising awareness of menopause in the workplace, I’m hugely passionate about making sure every employer carries out this important check before someone starts work.

This should be an important reminder to business owners: Don’t be afraid to delay a start date if an employee doesn’t bring their documentation before or on their start date.

It’s much easier to delay than to terminate someone’s employment further down the line.

What Happens If You Don’t Carry Out Checks?

Employers who fail to carry out checks properly face serious consequences – let’s take a quick look at these now:

• Civil penalties – fines of up to £60,000 per illegal worker.
• Public listing – your business name can be published by Immigration Enforcement, causing huge reputational damage.
• Criminal penalties – knowingly employing someone (or having reasonable cause to believe they didn’t have the right to work) can result in:

This includes situations where an employer had reason to believe:

• Their permission to work had expired
• They were restricted from doing certain types of work
• Their documents were false or incorrect

How to Carry Out Right to Work Checks (and Avoid Penalties)

But, it isn’t all doom and gloom…

Avoiding these penalties is straightforward if you follow the process correctly.

The Home Office provides a step-by-step guide, codes of practice, and online tools to help, but I’ve listed the main points to remember below as a quick guide.

Key Principles:

• ✅ Check every new starter – regardless of nationality or past employment
• ✅ Use the correct method – manual check of original documents not photocopies, online Home Office check, or an approved digital check (British & Irish citizens)
• ✅ Check documents are genuine – photo matches the individual, no signs of tampering
• ✅ Keep records – dated, clear copies retained for employment duration (plus 2 years after)
• ✅ Remember: liability always remains with the business owner or employer, even if someone else carries out the checks

Hiring Non-British or Non-Irish Citizens?

If you’re hiring someone who isn’t a British or Irish citizen, there’s a different process to follow to check their right to work in the UK.

This is usually done through the Home Office online service, where the worker gives you a share code and date of birth, but some visas require a manual check instead.

Always verify the photo matches the person, keep a copy of the results, and treat all candidates fairly.

Why It Matters

This isn’t just a box ticking exercise. It’s really important because illegal working fuels exploitation, undercuts compliant businesses, depresses wages, and is often linked to wider labour market abuses, including modern slavery.

By taking your role seriously, you protect both your business and your people.

✅ Top 5 Right to Work Check Essentials

1. Check every new starter – no exceptions
2. See original documents* – not photocopies or NI numbers
3. Verify authenticity – does the photo and information match?
4. Record and retain evidence – for the required period
5. Train your team – so checks are consistent and compliant

*The Home Office provides Lists A and B to show which documents are acceptable for right-to-work checks, helping employers avoid illegal working penalties.

• List A documents prove someone has a permanent right to work in the UK (e.g. British/Irish passport, settled status) – once checked, no follow-up is needed.
• List B documents show a temporary right to work (e.g. visa) – you must do repeat checks when their permission is due to expire.

👉 Following these steps from the Home Office Code of Practice gives you a “statutory excuse” which is your only legal safeguard if issues arise later.

Do You Need Help?

If you need to put Right to Work Checks in place within your organisation, here are your options:

• Carry out the checks yourself (using Home Office guidance and tools)
• Use a trusted third-party provider to support you
• Or, lean on the expertise of your HR Consultant to review, train, or audit your processes

I’ve seen first-hand how easy it is for businesses to trip up on this – and how costly the consequences can be.

Let’s make sure you’re not one of them.

👉 Want to chat about it? I’d be happy to help you protect your business and your people.

Click here to book a call.

In Other News …

🔹 Employment Rights Bill – Last month, we looked at the implementation plan. At the time of writing, there are no further updates. Parliament is on its summer break, and it’s likely to be September/October before the Bill is given Royal Assent.

🔹 Menopause Action Plans – Work is ongoing in the background to bring you support in introducing tailored Menopause Action Plans in your workplace. More to follow soon!

🔹 EVA Awards – The EVA Awards evening is fast approaching (26th September). Thank you so much for all your good luck messages – I really appreciate every single one. Whether I win or not, I’m a proud finalist in the New Business category.

(No celebratory drinks for me though – my daughter has a dance competition that weekend, so it’ll be a late finish Friday, then two very early and busy days to follow!)

Alison x