Right to Work checks are a legal requirement in the UK, and getting them wrong can lead to civil penalties of up to £60,000 per illegal worker. Yet many HR teams are unknowingly making mistakes that could expose their organisation to significant risk.
After reviewing thousands of compliance audits, we have identified the five most common Right to Work errors—and crucially, how to avoid them.
1. Checking documents too late (or not at all)
The law is clear: you must check Right to Work documents before employment begins. Not on the first day. Not during the first week. Before any work is performed. Yet we regularly see organisations that allow new starters to begin work before completing their checks.
Key risk:
If an employee is found to be working illegally, "we were still processing their documents" is not a valid defence. The penalty applies from day one.
2. Accepting photocopies or photos instead of originals
A proper Right to Work check requires examining original documents, not copies. The person conducting the check must see and handle the physical document (or verify via the Home Office online service). Accepting emailed scans or WhatsApp photos of documents does not constitute a valid check.
3. Failing to conduct follow-up checks
For employees with time-limited permission to work in the UK, you must conduct follow-up checks before their permission expires. Miss this, and you lose your statutory excuse—even if the employee has since renewed their visa.
4. Poor record keeping
Even if you conduct perfect checks, inadequate records can invalidate your statutory excuse. You must keep dated copies of documents and record when and how each check was made.
5. Not using the Home Office Online Service
For certain employees (such as those with Biometric Residence Permits or EU Settlement Status), you must use the Home Office online checking service. Physical document checks alone are not sufficient for these individuals.
How Compliance Cover helps
Our Right to Work module automatically tracks document expiry dates, sends renewal reminders, maintains compliant audit trails, and integrates with the Home Office checking service.
Quick checklist: Are you audit-ready?
- Are you checking documents before employment starts, not after?
- Do you verify original documents (not copies or photos)?
- Are follow-up checks scheduled before visa expiry dates?
- Do you keep dated copies with a record of who checked and when?
- Are you using the Home Office online service where required?