Right to work (RTW) checks have always been a legal obligation for UK employers—but 2025 has raised the stakes. Civil penalties now stand at £45,000 per illegal worker for a first breach and £60,000 for repeat breaches, with potential criminal liability of up to five years’ imprisonment where an employer knew or had reasonable cause to believe someone was working illegally.
The Home Office has stepped up enforcement. Raids, penalties, and sponsor licence suspensions are on the rise, and processes that felt “good enough” last year may no longer protect you. For HR leaders, this isn’t just about legal compliance—it’s about safeguarding reputation, avoiding operational disruption, and keeping licences secure.
HR’s right to work compliance checklist
Confirm your current process prevents illegal working and secures a statutory excuse
Train all staff who recruit or onboard to follow the 12 February 2025 Home Office guidance
Complete checks before day one; diarise follow-ups for time-limited permissions
Keep records throughout employment and two years after employment ends
Risk-assess supply chains, contractors and agency labour against updated guidance
What a compliant right to work check looks like
Before day one: Even a day-two check loses your statutory excuse for the entire period of employment.
Choose the correct route:
Home Office online check (mandatory for eVisa holders and former BRP/BRC/FWP holders)
Manual check (for eligible documents, typically British/Irish passports and limited List A/B items)
IDSP/IDVT (only for British/Irish passport holders)
If permission is time-limited: diarise and complete follow-up checks before expiry.
Record-keeping: retain evidence throughout employment plus two years, noting who checked, when, and how.
Step-by-step: getting it right
Home Office online check
Obtain share code and DOB, match photo to the individual, download and keep the official profile page.
Diarise follow-ups before expiry dates.
Screenshots or incomplete outputs void the statutory excuse.
Manual check
See original documents, check authenticity, names, DOB and restrictions.
Copy in non-editable format, sign/date the copy, and log the check date.
Only follow the Home Office’s List A and B; driving licences and NI numbers are not valid proof.
IDSP/IDVT
Available only for British/Irish passport holders.
Employer remains responsible for identity matching and record-keeping.
Keep the IDVT output and your own verification notes.
Employer Checking Service (ECS)
• Use when someone has a pending application, appeal or review.
• Retain the Positive Verification Notice; act promptly when the decision is issued.
• Do not allow work to start or continue if you receive a Negative Verification Notice.
Avoiding discrimination
Compliance and fairness must go hand in hand. Apply the same check to every new starter, regardless of nationality or ethnicity. Train staff to request evidence neutrally, use consistent onboarding materials, and avoid assumptions based on appearance, accent, or background.
Common pitfalls HR must avoid
TUPE transfers: inherited checks may not give you a statutory excuse—redo within 60 days.
Students: track term dates and visa conditions; excess working hours invalidate your excuse.
Contractors and temps: you’re expected to risk-assess supply chains; sponsors must keep records for certain non-employees.
Timing errors: no employee should start without compliant RTW evidence. Configure ATS/HRIS to block starts without checks.
When permission lapses
If an employee no longer has the right to work, you must stop employing them—but do it fairly.
Investigate and allow representations.
Use ECS where possible before dismissal.
Document every step and consider suspension on pay (where contractual) while evidence is gathered.
Sponsors must assess reporting duties and licence impact.
What changed in 2025—and what’s next
12 February 2025 guidance: reinforced pre-start checks, expanded use of digital status, and confirmed the 28-day grace period in limited cases.
Digitalisation: BRPs expired in December 2024; eVisa and share-code processes are now the norm.
Audit pressure: Home Office audits have intensified, with sharper focus on supply chain assurance.
Expect greater scrutiny of sponsor licence holders and more emphasis on non-employee records and supply chain accountability.
Implementation plan for HR leaders
1. Policy & Training
Refresh RTW policy in line with Feb 2025 guidance.
Train recruiters, managers, and onboarding teams with annual refreshers.
2. Systems & Controls
Configure HRIS to block starts without compliant checks.
Auto-diarise visa expiries and student term reviews.
Run monthly reports on pending starts and expiring permissions.
3. Records & Audits
Standardise file storage and retention processes.
Audit periodically and close any gaps quickly.
4. Supply Chain Assurance
Update contracts to require compliant checks and cooperation on audits.
Sponsors: retain evidence of third-party compliance to protect your licence.
5. Escalation Protocols
Have a clear playbook for ambiguous cases, including ECS and stop-work protocols.
Seek specialist advice early in TUPE, student, or complex visa scenarios.
Final word for HR professionals
Right to work compliance is no longer a back-office formality—it’s a board-level risk. With fines of £45,000 per worker, unlimited criminal penalties, and reputational damage at stake, HR must lead from the front.
The message for 2025 is clear: no start without evidence, no shortcuts in the process, and no assumptions across your workforce or supply chain. With the right systems, training, and vigilance, HR can not only keep the business compliant but also protect its people and reputation in an increasingly high-stakes environment.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
