Right to work checks: Don’t get caught out

Employers in the UK are legally required to prevent illegal working by ensuring all staff under a contract of employment (a contract of service or apprenticeship) have the right to work (RTW) in the UK. This has been in place since the Immigration, Asylum and Nationality Act 2006 but in February 2024, key updates came into force that have serious implications.

What's changed?

As of 13 February 2024, the Home Office updated its Code of Practice on preventing Illegal working, introducing:  

● Increased penalties

○ £45,000 per illegal worker for the first breach (previously £15,000)

○ £65,000 per illegal worker for repeat breaches (previously £20,000)

● Stricter liability rules

○ Employers must now be able to prove compliant RTW checks were completed before employment begins to establish a statutory excuse. A statutory excuse is a legal defence that protects employers in the UK receiving a civil penalty if they unknowingly employ someone who does not have a right to work, providing the correct right to work checks have been carried out.

○ Failure to perform checks correctly or knowingly employing someone without the right to work, results in liability for civil penalties.

● New penalty calculation approach

○ The process used for calculating penalties has been streamlined. Reductions are available for employers with evidence of RTW check systems, no prior breaches, self-reporting and proactive cooperation with the Home Office.

How Wise can help

At Wise, we offer a fully digital solution to manage right to work checks with ease and accuracy. Our platform matches Home Office guidance and protects your business:

● Creates a secure, uneditable audit trail

● Stores checks and documents indefinitely

● Automatically records who approved the check and when

● Allows document updates only for providing newer, valid versions

If your current process involves paper files or unclear processes – now is the time to make a change!

Schedule a call to see how Wise can support your business: https://withwise.com/book-a-demo/

About Wise

Wise is a market-leading technology provider supporting logistics businesses to reduce compliance risk, streamline processes, and ensure regulatory adherence with onboarding, payments and compliance software.

Purpose-built for scale, Wise is a structured system and service providing businesses with everything they need to operate compliantly. For more information, visit: www.withwise.com.