Wednesday Blog

Right to Work Checks in 2026: Avoiding Costly Civil Penalties

Right to work compliance remains one of the highest financial risk areas for UK employers.

Increased Home Office enforcement activity means employers must ensure checks are completed correctly, consistently and retained appropriately.

Civil Penalties

If an employer is found to be employing someone without the right to work, civil penalties can reach up to £60,000 per illegal worker.

Employers may also face:

• Sponsor licence revocation

• Criminal liability in serious cases

• Reputational damage

What Employers Must Ensure

Under current Home Office guidance:

✔ Right to work checks must be conducted before employment begins
✔ ID documents must be checked in line with prescribed guidance
✔ Online checks must be completed correctly where applicable
✔ Copies must be securely retained
✔ Follow-up checks must be diarised where visas expire

Hybrid working has increased compliance mistakes — remote checks must follow updated Home Office procedures.

Common Errors We See

• Accepting incorrect documentation

• Failing to conduct follow-up checks

• Not recording date of check

• Confusion around digital checks

Right to work compliance must be embedded into onboarding processes.

Comment from Matthew Chilcott

“Right to work compliance is not a tick-box exercise. It is a statutory defence against significant penalties. Employers must ensure processes are robust, documented and consistently applied across the organisation.”

If you would like your onboarding process reviewed, contact us today.

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