How to Avoid a Right-to-Work Fine: A Practical Checklist for UK Employers

Quick answer

Check before day one, use the correct Home Office document list, record the check with a timestamp, track every re-check date for List B workers, and export an audit trail you can hand over immediately. Miss any step and a Home Office visit can result in a civil penalty of up to £45,000 per worker.

A Right-to-Work civil penalty can arrive without warning and cost up to £45,000 per worker, rising to £60,000 for a repeat breach. A consistent process prevents it entirely. Here is a five-step checklist to close the most common compliance gaps.

Step 1: Check before day one — not after

The check must happen before the worker starts work. A late initial check, even by one day, means you had an unchecked worker on site. No statutory excuse for that period. Build a hiring process where the Right-to-Work check is the last step before an employment offer is confirmed, not an afterthought.

Step 2: Check the correct document category

Use the Home Office's definitive document list. Don't accept a document that merely feels right; verify it appears on List A or List B. Run the same check on every new starter regardless of nationality or background, because singling out people you assume to be migrants is unlawful discrimination. For any document you're unsure about, use the Home Office online check service (a share code from the worker) rather than relying on physical documents alone.

Step 3: Record the check with a timestamp

The statutory excuse requires you to have a record of the check: what document was presented, when it was checked, and who conducted it. A note in a paper file is better than nothing, but a digital timestamped record is far stronger evidence. Record the document type, any reference number, the check date, and the expiry date of any time-limited documents.

Step 4: Track every re-check date

For every worker with a time-limited right to work (List B), record the date their leave expires and set a re-check date for on or before that date. This is the step most businesses miss. A spreadsheet that you check manually is one person going on holiday away from a missed re-check. An automated system that sends escalating alerts, and keeps alerting until the re-check is done, removes the dependency on someone remembering.

Step 5: Export an audit trail you can hand over

If a Home Office officer visits, you need to produce records immediately. An audit trail that shows every worker's check date, re-check date, and document reference, with timestamps, is the strongest possible evidence. A spreadsheet that anyone can edit is not credible evidence. A timestamped, append-only log is.

Frequently asked questions

When must a right-to-work check be done?

Before the worker starts work. A late initial check, even by one day, means you had an unchecked worker on site and no statutory excuse for that period.

How large is a right-to-work fine?

Up to £45,000 per worker for a first breach and up to £60,000 per worker for a repeat breach, under the Code of Practice in force since 13 February 2024.

Is a spreadsheet enough to prove I did the checks?

It's weak evidence because anyone can edit it. A timestamped record showing the document checked, the date, who checked it, and any expiry date is far stronger, and a Home Office officer can ask to see your records on the spot.

This is general information, not legal or immigration advice — check the linked GOV.UK guidance or a qualified adviser for your situation. Last reviewed against current official guidance on 2 June 2026.