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What should employers do if there are EU employees whose right to work hasn't been checked in the past?

If you have checked an employee’s right to work before their employment began, you don’t need to repeat your check.

If however you have never checked an employee’s right to work, it is recommended that you do this now.

If right to work checks aren’t carried out before employment begins and the employee is found not to have the right to work, the employer is at risk of being fined up to £20,000 per illegal worker.  This risk remains even if the right to work check is carried out after the employee begins work however it is better to carry out a late check than none at all as this will identify any concerns and give you the opportunity to resolve this or take action before the Home Office does.

Read more about this and other questions in our

Right to work checks and civil penalties section.

Disclaimer

Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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