Right to Work Checks

All UK employers are legally required to check that their employees have the right to work in the UK before they start employment. Failure to conduct these checks correctly can result in civil penalties of up to £60,000 per illegal worker. At Kings Court Law, we help businesses understand and implement compliant right to work checking procedures.

Manual vs Digital Checks

Statutory Excuse

A correctly conducted right to work check provides a "statutory excuse" against a civil penalty if the employee is later found to be working illegally. Without this statutory excuse, you face the full civil penalty even if you were unaware of the illegal working.

• Checks must be conducted before employment begins
• Documents must be originals — photocopies are not acceptable for manual checks
• Copies must be retained for the duration of employment and 2 years after
• Follow-up checks must be conducted for time-limited permissions
• Online checks must be used where the Home Office requires them (e.g., eVisa holders)

How We Can Help

• Advising on the correct right to work checking procedures for your workforce
• Conducting right to work audits to identify gaps in your current processes
• Training HR teams on manual and online right to work checks
• Advising on complex cases including EEA nationals, students, and time-limited permissions
• Responding to civil penalty notices and negotiating reductions
• Challenging unlawful civil penalties through the objection and appeal process
• Advising on the right to work implications of TUPE transfers