Right to Work Checks in the UK
An intrinsic aspect of employment is ensuring that those you employ have the legal right to work in the UK. With a statutory defence available for employers that conduct valid and correct right to work checks, as well as complying with record keeping requirements, it is crucial that businesses are geared up to identify and conduct the correct check and keep secure records.
The team at Chartergates have the requisite skill, precision and determination to guide your business through the relevant right to work checks to ensure your business remains compliant.
Information and Clarity at Your Fingertips
With fines for failing to conduct the correct right to work checks increasing to a staggering potential £60,000 per failure it is imperative for business managers to assess their existing processes and make the necessary adjustments to ensure ongoing compliance.
At Chartergates we have a range of services to assist your business in complying with the complex and costly right to work system:
On-Demand Right to Work Advice:
For businesses with or without in-house systems and procedures we are ready and able to provide the complimentary or sole right to work advice needed on a retained or ad-hoc basis.
Comprehensive Right to Work Review:
We conduct thorough reviews of your current right to work processes, analysing compliance with the latest legislation and recommending necessary changes. With legislation constantly evolving, we can conduct reviews on an ongoing basis ensuring constant compliance for your business.
Collaboration with IT Teams:
With many right to work checks now embedded within IT systems, our team can collaborate with your IT team/ service provider to ensure the legal requirements are satisfied.
Advice in Contentious Matters:
If your business receives a Civil Penalty Notice it is not always a case of simply paying the fine levied. In many instances, fines are levied incorrectly and can be successfully challenged to the point of the fine being irradicated or significantly mitigated. Our consultants are experienced in advising on challenging Civil Penalty Notices and can provide guidance on prospects and assist with the process.
If you require advice, guidance and drafting consultancy on any aspect of the right to work legislation contact Chartergates now.
Our Services & How We Provide Them
Our specialist regulatory services can be provided on a fixed-fee basis, an hourly rate, on a retained basis and in some circumstances on a contingency basis. Call us today for a free no obligation consultation with our team about our services which include:
- Helping you respond to a Civil Penalty Notice
- Drafting GDPR compliant policies and processes
- Challenging incorrectly issued CITB levies
- Helping businesses comply with the Conduct Regs
- Representing recruitment businesses during EAS, SIA & R&D enquiries
Related Content
How Chartergate Can Help
Helping You Respond to a Civil Penalty Notice
Receiving a Civil Penalty Notice can be stressful, but it does not always mean the penalty is correct or unavoidable. Chartergates can review the circumstances, assess whether the notice has been properly issued, and help prepare a clear response aimed at reducing, challenging, or removing the penalty.
Drafting GDPR Compliant Policies and Processes
Clear data protection policies help businesses handle personal information lawfully and consistently. Chartergates can assist with drafting GDPR compliant processes that reflect how your business collects, stores, uses, and shares data, helping reduce risk and improve accountability.
Challenging Incorrectly Issued CITB Levies
CITB levy assessments can sometimes be issued incorrectly or based on information that does not properly reflect a business’s circumstances. Chartergates can review the levy, identify potential grounds for challenge, and help your business respond with the right evidence and arguments.
Helping Businesses Comply with the Conduct Regs
The Conduct Regulations place important obligations on recruitment businesses and employment agencies. Chartergates can help review your current processes, contracts, and procedures to ensure they align with the regulations and reduce the risk of non-compliance.
Representing Recruitment Businesses During EAS, SIA & R&D Enquiries
Regulatory enquiries can place significant pressure on recruitment businesses, especially where information needs to be gathered and presented quickly. Chartergates can support your business through EAS, SIA, and R&D enquiries by advising on the process, preparing responses, and helping manage communications with the relevant authority.
Right to Work Checks FAQs
What are right to work checks?
Right to work checks are checks that employers must carry out to confirm that a person has the legal right to work in the UK. These checks should usually take place before employment begins. They help employers confirm a worker’s immigration status, work permissions, and any restrictions that may apply to their role.
Why are right to work checks important for employers?
Right to work checks are important because they help protect businesses from employing someone illegally. When checks are completed correctly, and records are kept properly, employers may have a statutory defence if an issue later arises. Failing to carry out the correct checks can lead to significant civil penalties, reputational damage, and compliance risks.
What happens if a business fails to complete right to work checks correctly?
If a business fails to complete the correct right to work checks, it may face a Civil Penalty Notice. Fines can be substantial, with penalties potentially reaching up to £60,000 per illegal worker. However, not every penalty is correctly issued. In some cases, businesses may be able to challenge the notice or reduce the fine with the right legal support.
Can right to work checks be reviewed as part of a compliance audit?
Yes. A right to work compliance review can assess whether your existing processes, records, and systems meet current legal requirements. This can include reviewing how checks are completed, how documents are stored, how repeat checks are managed, and whether internal procedures need updating.
Do digital systems need to meet right to work requirements?
Yes. Many businesses now use digital onboarding or HR systems to manage right to work checks. These systems must still satisfy the legal requirements. Chartergates can work with your internal teams or IT providers to review whether your system supports compliant checks, record keeping, and audit trails.
Can a Civil Penalty Notice for right to work breaches be challenged?
Yes. A Civil Penalty Notice can often be reviewed and, where appropriate, challenged. Some penalties may be issued incorrectly or calculated unfairly. With specialist advice, businesses can assess their prospects, prepare a response, and seek to have the penalty withdrawn, reduced, or mitigated.
How can Chartergates help with right to work compliance?
Chartergates can support businesses with on-demand advice, right to work process reviews, compliance audits, policy drafting, IT system reviews, and Civil Penalty Notice challenges. Support can be provided on an ad-hoc, retained, fixed-fee, hourly, or other agreed basis depending on the nature of the work.
Disclaimer: Chartergate Legal Services Ltd has drafted these FAQs to provide a general overview of the relevant law only. These FAQs are not a substitute for professional advice that is specific to your circumstances and should not be relied upon as such.
