As an experienced HR consultant in Milton Keynes, I'll walk you through the surprising pitfalls of right to work checks and how to avoid them.
As a busy business owner, you've got a million things on your plate. Bringing new talent into your team is exciting, but amidst the excitement of growth, it’s easy to overlook some of the smaller, yet critical, compliance tasks.
In my experience providing HR consultancy services in Milton Keynes, one area that often trips up even the most well-meaning businesses is right to work checks. You might think you’ve done everything correctly, perhaps by seeing a National Insurance number or a P45, but what if I told you that could still leave your business vulnerable to hefty fines?
I see this pattern regularly in my work as an HR consultant – brilliant business owners inadvertently putting their businesses at risk because they’re relying on outdated assumptions or incomplete information.
The truth is, getting right to work checks wrong, even by accident, can lead to significant financial penalties and unwanted hassle. Let's explore what's really needed to keep your business safe and compliant.
The hidden risks of 'simple' right to work checks
It’s a common and understandable mistake to assume that if someone has a National Insurance number, a P45, or even benefits paperwork, it means they have the legal right to work in the UK. Many business owners have told me they've seen these documents and felt reassured.
However, these documents, on their own, are not sufficient proof for a right to work check. Relying on them is a bit like building a house on shaky foundations – it looks okay from the outside, but the risks are very real.
I've seen situations where businesses, despite their best intentions, faced substantial fines simply because their right to work process wasn't legally robust. The Home Office is increasingly vigilant, and unintentional errors offer no protection.
This isn't just about ticking a box; it's about protecting your profits, your reputation, and your peace of mind.
What the law really says about right to work checks
So, if those common documents aren't enough, what does the law actually require? The rules are clear, but often misunderstood. Here are the key steps you absolutely must follow to ensure your business stays compliant:
➡️Inspect original documents: before anyone starts working for you, you must physically inspect their original right to work documents. Or, if applicable, use an approved digital identity service provider. This is crucial – copies or scans alone aren't enough unless verified by an approved digital service.
➡️Take and keep copies: once you've inspected the originals, you need to take clear copies of them. Crucially, you must record the date you conducted the check directly on the copy.
➡️Complete checks before day one: all right to work checks must be fully completed before the employee starts their first day of work. Not on day one, but before it.
➡️Retain records: you must keep these records for the entire duration of the person's employment and for an additional two years after they leave your business.
The costly consequences of getting it wrong
The stakes are surprisingly high when it comes to non-compliance. For a busy SME, these penalties can be devastating, impacting your hard-earned profits and causing significant stress.
✅Hefty fines: if you're found employing someone who doesn't have the legal right to work, your business could face a civil penalty of up to £60,000 per illegal worker for repeat offences. Even a first offence can lead to a substantial fine.
✅No protection for unintentional mistakes: the law doesn't differentiate between deliberate non-compliance and accidental oversight. If your checks aren't compliant, your business is at risk, regardless of your intentions.
✅Increased enforcement: the Home Office is stepping up its enforcement activities, meaning the chances of being caught out are higher than ever. It's not a risk worth taking.
Practical steps to protect your business today
Feeling a bit overwhelmed? Don't worry, there are practical steps you can take right now to minimise your risk and ensure your business is on solid ground. These aren't complex tasks, but they do require attention to detail.
➡️Audit your current process: take some time to review how you currently conduct right to work checks. Are you inspecting originals? Are you dating copies? Are they done before day one?
➡️Train your hiring team: make sure anyone involved in your recruitment and hiring process understands the correct procedures. A little training can go a long way in preventing costly errors.
➡️Implement a documented system: create a clear, step-by-step process that ensures every new hire goes through the same compliant right to work check. This makes it easier for everyone and provides a paper trail.
How an HR consultant can help you navigate this complexity
You’re busy running your business, and keeping up with every nuance of employment law can feel like a full-time job in itself. That's where an HR consultant can become an invaluable partner, helping you create workplaces where people thrive without the constant worry of compliance.
As an HR consultant, I help businesses like yours to transform these tricky compliance areas from a source of anxiety into a smooth, reliable process. Here’s how I can support you:
✅Review and identify gaps: I will take a close look at your existing right to work processes, pinpointing any areas that might leave you vulnerable.
✅Create compliant procedures: we will work together to develop a clear, step-by-step procedure that ensures every check is legally sound and easy for your team to follow.
✅Train your managers: I will provide practical training for your managers and administrators, giving them the confidence and knowledge to carry out checks correctly every time.
✅Provide tools and templates: access to robust checklists and templates means you'll have everything you need to maintain ongoing compliance.
✅Ongoing support: with continuous changes in legislation, having an expert on hand means you’re always up to date and protected from evolving risks.
Don't let the fear of an unexpected fine or a compliance headache distract you from growing your business. Ensuring your right to work checks are robust is a practical step that makes a lasting difference to your peace of mind and your bottom line.
If you're wondering whether your current processes are truly compliant, or if you simply want to ensure you're navigating challenges with confidence, I'd love to have a chat. As an outsourced HR consultant based in Milton Keynes, I've helped many business owners like you turn HR compliance from a worry into a strength.
Book a confidential discovery call today. Let's discuss how we can put robust right to work checks in place, freeing you up to focus on what you do best. Please do reach out 📱 0781 3084152 or email 📧 daxa@hrresultsltd.co.uk Taking your HR from 'to do' to 'done'.
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