UK employment-law guide
Right-to-work checks for small employers: a practical guide
Every employer must check every new hire’s right to work before they start — a correct check gives you a statutory excuse; skipping it risks civil penalties of up to £60,000 per worker.
- Check before the first day of work, for every hire — including British citizens.
- Use the Home Office online share-code check for most non-UK nationals, or a manual document check.
- A compliant check gives a statutory excuse; record what you checked, when, and the outcome.
- Time-limited permission needs a follow-up check before it expires — diarise it.
- WardHR records the check, the statutory excuse and the follow-up date, and chases the recheck.
Common questions
When must a right-to-work check be done?
Before the person starts work — on or before their first day, for every new hire regardless of nationality.
What is a statutory excuse?
Protection against a civil penalty if the worker turns out to lack the right to work: you get it by doing a compliant check (online share-code or manual documents) and keeping evidence of it.
What happens if I employ someone without a valid check?
Civil penalties run up to £45,000 per worker for a first breach and £60,000 for repeat breaches, alongside possible criminal liability for knowingly employing an illegal worker.
Get this right automatically
WardHR computes the figures from current UK statutory rates, keeps a signed, retained record, and grounds every answer in cited law. It’s provided through your insurer or accountant — start free.
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General guidance, not legal advice — the employer remains responsible. WardHR assists against current UK law.