Newly published Home Office research indicates that employers in the construction sector are particularly at risk of failing to correctly carry out Right to Work checks.
All UK employers are required to carry out Right to Work checks to ensure that their workers are not working illegally – either because they are in the UK without permission, or because their visa does not authorise them to engage in the type of work for which you are hiring them. Failure to carry these checks out correctly can result in severe financial, reputational, and even criminal, consequences.
In recent years, various changes to the rules and guidance on Right to Work checks have introduced increased complexity to the process for employers – including the removal of the COVID-19 adjusted checks, changes to the eligible documents for proving Right to Work status, and the transition to eVisas. We have noted from our own experience that this has led to more widespread misunderstanding amongst employers of when Right to Work checks are necessary and what steps and evidence are required to confirm an individual’s Right to Work status.
In September 2024, Verian (one of the UK’s largest independent research organisations, going by the name “Kantar” until relatively recently) conducted research into UK employers’ awareness of Right to Work checks, through a survey of 2,152 businesses, on behalf of the Home Office. The Home Office have now published their report on the research.
Among other things, the report notes a discrepancy between awareness of Right to Work checks for employers in general, and the awareness of employers in the construction sector. A shocking 70% of construction sector employers who spoke to Verian said that they accepted driving licences as proof of Right to Work status – despite the fact that a driving licence is not valid evidence of an individual’s Right to Work!
In addition, 41% of surveyed construction sector employees stated their belief that illegal working was common in the sector – the highest percentage across all sectors polled.
These figures indicate that the construction sector is particularly at risk of ineffective Right to Work processes and illegal working. Given the extent to which the construction sector stands out in the report, it is expected that the Home Office will soon focus the attention of their Right to Work compliance action on the construction sector – much as they have done in the care sector in recent months, in the context of sponsorship compliance and worker exploitation.
The cost of getting Right to Work checks wrong is higher than ever. Fines per illegal worker are now as high as £60,000, and these fines can be levied even in circumstances where an employer was acting in good faith, but simply failed to follow Right to Work guidance when carrying out their checks. In the eyes of the Home Office, ignorance is no excuse. If, for example, you got your Right to Work processes wrong and had therefore employed five illegal workers without realising, you could be liable for a total fine of £300,000 – along with having the business’ name added to a “name and shame” public register.
If you are operating in the construction sector, we would urge you to review your Right to Work processes and ensure that these are in line with the latest rules and Home Office guidance. If you are not sure, we can assist by carrying out an audit – better us than the Home Office!
If you are interested in our audit services or have any questions about Right to Work checks, please do get in touch at [email protected]
