Why this matters.
UK employers have a legal duty to check that every employee has the right to work in the UK before they start employment, and to keep evidence of that check. The Home Office can issue civil penalties of up to £60,000 per illegal worker for employers who don’t carry out a “statutory excuse” check correctly — and in serious cases, employing someone who you knew or had reasonable cause to believe didn’t have the right to work can lead to criminal prosecution.
Right to work checks must follow a specific process: checking original documents in person (or using approved digital/online checking services), verifying they’re genuine and belong to the holder, and keeping clear, dated copies. Many small businesses do an informal check at the start but don’t retain proper evidence, or don’t follow up on time-limited visas — both of which can invalidate the “statutory excuse” that protects employers from penalties.