The government is cracking down on illegal working, and employers are firmly in the firing line. Between July 2024 and January 2025, illegal working visits and arrests by immigration enforcement teams rose by 38% compared to the previous year. Over the full year, there have been more than 10,000 enforcement visits, with 7,130 arrests and 2,105 civil penalties issued.

Many employers still don’t realise that civil penalties of up to £60,000 per illegal worker can be issued, even where a mistake was unintentional.

Take the case of the Big Fry Fish & Chips shop in Surrey. Its owner was recently fined £40,000 after hiring someone who allegedly used another person’s identity. Despite being provided with a photocopy of a British passport and other documents (including a NI number and housing benefit records), the Home Office concluded that the correct right to work checks hadn’t been completed.

The message is clear: doing your best is not enough. To avoid liability, employers must be able to demonstrate a statutory excuse, by conducting and recording checks exactly as outlined in the Home Office guidance.

What do employers need to do?

To establish a statutory excuse, employers must:

• Conduct checks before the individual starts work
• Use manual, online, or digital methods as appropriate
• Verify the document’s authenticity and that the person presenting it is the rightful holder
• Keep records of the check, including dates and copies/screenshots as required
• Re-check where the individual has time-limited permission to work

Photocopies, NI numbers, benefit letters, and payslips are not sufficient evidence of the right to work.

The risks of getting it wrong

• Civil penalties of up to £60,000 per illegal worker
• Reputational damage if the breach becomes public
• No defence if you can’t produce evidence of compliant checks
• Penalties can only be reduced where you cooperate fully, report concerns early, or have robust procedures in place

How we can help

Right to work checks can be complex to keep on top of, and mistakes are easy to make. We support employers across all sectors with:

• A right to work audit to review current processes and historic records
• Training for HR teams or managers on how to conduct checks properly
• Ongoing support for onboarding, recruitment, and policy reviews

If you’re unsure whether your checks would stand up to scrutiny or you’ve discovered potential gaps now is the time to act.

Contact our team for clear, expert advice that protects your business and keeps you compliant. Call 0333 888 1360 or email [email protected]