You may (or may not!) be aware that effective from 13th February 2024, the fines for employing illegal workers have shot up considerably. We're talking a serious hike here, so it's important you know what you're meant to be doing when it comes to hiring new employees and checking their right to work in the UK. 

So, what's the deal with the new fines?

First Offense: The fine has jumped from £15,000 to £45,000 per illegal worker.

Repeat Offenses: If you get caught again, it’s even steeper – from £20,000 to £60,000 per worker.

Doing right to work checks isn't just a box-ticking exercise; it's your first line of defense against these massive fines. Plus, it keeps your business legit and your reputation intact.

What steps should you be taking to get it right?

Initial Checks

Before anyone starts working for you, check their original documents (like passports, visas etc.) to confirm they have the right to work. You can find a whole list of acceptable documentation here. It's important that you see their original documentation for a manual check or otherwise use an Identity Service Provider (IDSP) for digital checks. Manual checks involve verifying original documents in person (copies aren't acceptable), while digital checks can be performed online using share codes or digital identity verification for certain documents. The temporary adjustments that allowed right to work checks over video calls due to COVID-19 ended on 30 September 2022 so you must now revert to conducting these checks either in person or using an IDSP.

Since Brexit, EEA nationals need to provide evidence of their right to work through the EU Settlement Scheme. This might involve a digital Certificate of Application or other relevant documents showing settled or pre-settled status.

For individuals on visas, where you're unable to view their original documents in person or check their right to work online using their share code, then you must conduct a right to work check via the Home Office to ensure compliance. This involves using the Home Office Employer Checking Service (ECS), details can be accessed here.

Ongoing Checks

It's important that for those with limited time permissions stated on their visas, you make sure to schedule follow-up checks to ensure they’re still eligible and that this is done in a timely manner so you can address any issues and deal with these effectively.

Keep Records

Keep copies of all the checks you do. These records are your safety net if you ever get audited.

Be Aware

Even if you outsource the right to work checks to an independent company to do this on your behalf, you can't outsource the responsibility - ultimately you're still responsible as the employer and need to make sure that everything has been done correctly, otherwise that fine may well land on your desk.

Practical Tips

• Carry out regular audits to check your right to work documents and catch any issues early.
• Make sure your internal HR team are up-to-date on the latest requirements with regular training.
• Get expert HR or legal advice if you're unsure about anything related to right to work checks.

The bottom line? These new fines mean you can’t afford to slack off on right to work checks. Make sure you’re doing them properly and regularly. Not only will this keep you on the right side of the law, but it also helps create a fair and safe workplace for everyone.

Are you looking to hire into your team in the near or distant future? Want to make sure you have everything in order and are doing things in the best way possible? Our team can help! From advising on your hiring process through to onboarding and guidance on managing probations, we've got you covered. Reach out to us here for a chat when you're ready.