Freeths, one of the UK’s leading law firms, has announced a major compliance initiative aimed at supporting businesses in meeting their obligations under UK Right to Work (RTW) legislation. As the Home Office embarks on a nationwide enforcement campaign to combat illegal working, the importance of carrying out RTW checks accurately and in line with statutory requirements has never been greater.

The firm’s Immigration Law team is spearheading a proactive programme to help employers identify and address procedural weaknesses, avoid severe financial penalties, and protect their corporate reputation in a heightened regulatory environment.

Why Right to Work Checks Matter More Than Ever

Every UK employer is legally required to conduct RTW checks on all employees before they start work. These checks, when performed correctly, create a statutory excuse—a legal defence against civil penalties if it is later discovered that an employee does not have the legal right to work in the UK.

For many organisations, establishing this statutory excuse is the primary motivation for undertaking RTW checks. However, Freeths warns that a significant number of businesses are unknowingly leaving themselves exposed to enforcement action because their processes fail to create the statutory protection they believe they have in place.

The Digital Verification Pitfall

In April 2022, the UK government introduced the option for employers to use Digital Verification Services (DVS)—previously known as Identity Service Providers (IDSP)—to conduct checks on British and Irish nationals.

While this offers efficiencies in verifying domestic workers’ identities, a critical limitation remains: DVS checks for foreign nationals do not create a statutory excuse. Employers relying on DVS providers to check all workers, regardless of nationality, risk serious consequences if an illegal worker is identified.

Freeths highlights that not all verification providers clearly communicate this limitation. This lack of transparency leaves businesses vulnerable to civil penalties of up to £60,000 per illegal worker, public naming by the Home Office, and, in the most severe cases, loss of their sponsor licence and cancellation of sponsored employees’ visas.

Expert Commentary from Freeths Immigration Partner

Emma Brooksbank, Immigration Partner at Freeths, notes:

“We regularly encounter employers—including major household names—who have been using DVS checks for all employees without realising that this approach fails to establish the statutory excuse for foreign workers. When we raise the issue, they are often shocked. Some providers present DVS as fully compliant, yet fail to clarify that the statutory protection is missing in these cases.”

Emma further warns that between July 2024 and March 2025, the Home Office issued 1,508 civil penalty notices for illegal working, a figure likely to climb as enforcement intensifies.

Supporting Employers in a Complex Legal Landscape

Freeths’ Immigration Law team offers end-to-end support for employers seeking to strengthen compliance and safeguard their workforce strategy. Services include:

• Conducting compliance audits to identify RTW vulnerabilities.

• Advising on correct procedures for foreign and domestic hires.

• Securing visas for skilled employees relocating to the UK.

• Obtaining and maintaining sponsor licences for overseas recruitment.

• Supporting businesses during Home Office audits and investigations.

With over 15 years’ experience, Emma Brooksbank has advised Russell Group universities, multinational corporations, and national businesses on immigration compliance. She is ranked as a Recommended Lawyer in The Legal 500 (2024) and recognised as a Leading Individual in Chambers & Partners (2025).

The Corporate Risk of Getting it Wrong

The financial and reputational stakes for non-compliance are considerable. In addition to fines, illegal working findings are publicly listed, potentially causing lasting brand damage. The loss of a sponsor licence can also disrupt operations, delay projects, and undermine recruitment strategies—particularly in industries reliant on international talent.

For organisations operating in a global market, the ability to recruit and retain skilled staff without immigration barriers is a key competitive advantage. Freeths’ initiative ensures that employers can navigate the system confidently, without immigration compliance becoming a growth-limiting obstacle.

Conclusion: A Proactive Partner for UK Employers

By identifying and addressing the overlooked compliance gap in RTW checks, Freeths is enabling businesses to operate securely in an era of increasing immigration enforcement. The firm’s deep expertise, strategic approach, and hands-on client support position it as a trusted partner for employers determined to protect their operations, reputation, and workforce in the UK.

Continued

Conducting Right to Work Checks in the United Kingdom

Right to Work checks form an essential component of employment compliance within the United Kingdom. Employers are legally required to confirm that every prospective employee is authorised to work in the UK before their employment commences. Failure to perform these checks correctly may expose organisations to civil penalties, reputational damage, and potential legal consequences. This report outlines the procedures, considerations, and challenges associated with conducting lawful and effective Right to Work checks.

Purpose and Legal Requirement

The central purpose of a Right to Work check is to establish that a job applicant possesses valid permission to work in the UK and, where relevant, is entitled to undertake the specific duties associated with the role. Employers must complete these checks prior to the start of employment to obtain a statutory excuse against liability should the worker later be found to be working illegally. These checks may be conducted through physical document inspection or, where applicable, via the Home Office’s online verification system.

Methods of Conducting a Check

British and Irish Citizens

For individuals holding British or Irish nationality, employers may examine a current or expired British or Irish passport. Where an applicant does not hold a passport, alternative acceptable documents include a UK birth or adoption certificate or a certificate of registration or naturalisation as a British citizen. These documents provide sufficient evidence of an unrestricted right to work.

Non-British and Non-Irish Citizens

For applicants from other nationalities, the Right to Work check typically involves a Home Office online verification. Candidates must supply a valid share code generated via the GOV.UK service, which enables employers to view their immigration status digitally. Employers may additionally use Home Office-approved Identity Document Validation Technology (IDVT) where appropriate. If an online check cannot be completed, the employer must inspect the individual’s original physical documents, such as an immigration-endorsed passport or biometric residence permit.

Key Responsibilities of the Employer

Verifying the Right to Work

Employers must ensure that the applicant is legally permitted to work in the United Kingdom and that their immigration status authorises the specific role. This includes checking for time-limited permissions, restricted job categories, or prohibitions on particular types of work.

Confirming Identity

Employers must confirm that the individual presenting the documents is the same person to whom the documents or online records belong. This involves comparing photographs, dates of birth, and other identifying information.

Record Keeping

Accurate and secure records must be maintained. Employers are required to retain copies of documents or the Home Office online check confirmation. These records must be kept throughout the duration of employment and for at least two years after the individual leaves the organisation.

Monitoring Working Restrictions

Where an individual holds a visa with limited working rights—such as a student visa—employers must verify and record relevant details, including course term dates and permitted working hours. Failure to monitor these restrictions may result in non-compliance.

Secure Storage and Destruction

All records must be stored securely to protect personal data. Once the statutory retention period concludes, employers must ensure that the documentation is destroyed in a secure and appropriate manner.

Potential Issues and Key Considerations

Risk of Employing Illegal Workers

Employing individuals who do not hold the legal right to work can lead to substantial civil penalties. As such, rigorous checking procedures and adherence to Home Office guidance are essential for minimising organisational risk.

Avoiding Discrimination

Employers must conduct Right to Work checks consistently across all applicants, regardless of nationality or ethnic background. Selective checking may constitute unlawful discrimination. All candidates should be treated with fairness and impartiality throughout the recruitment process.

Challenges in Obtaining Documentation

Occasionally, applicants may experience difficulty in presenting valid documents. In such cases, employers may contact the Home Office’s Employer Checking Service, which can confirm an individual’s right to work where documentary evidence is unavailable or unclear.