Even if you think you're compliant, right to work checks could cost you £60,000

As an HR consultant in Ipswich, I'll explain the crucial details of right to work checks and how to protect your business from costly penalties.

You’re a busy business owner, and you’ve got a lot on your plate. When you hire new staff, you probably feel confident that you’re doing everything by the book. You ask for a passport, maybe a P45, and tick that box.

But what if I told you that even with the best intentions, you could still be at risk of a hefty £60,000 fine for getting right to work checks wrong?

I see this scenario play out far too often in businesses across the UK – owners thinking they've covered their bases, only to find out they've missed a crucial detail that puts their business in jeopardy.

The Home Office isn't just increasing enforcement; they’re issuing penalties even when mistakes are unintentional. This isn't about catching out bad actors; it’s about strict compliance that can easily trip up even the most diligent business.

For businesses seeking to navigate these complexities, professional HR consultancy services in Ipswich can provide essential guidance.

The common trap: what doesn't prove right to work

Many business owners mistakenly believe certain documents are sufficient proof of someone's right to work in the UK. But these simply aren't enough:

• A National Insurance number: This only confirms someone is registered for tax and national insurance; it doesn't grant permission to work.

• A P45 or P60: These are tax forms from previous employment and don't verify current right to work status.

• Benefits paperwork: Documents related to benefits claims do not serve as evidence for employment eligibility.

These documents, while important for other aspects of employment, do not replace the legal requirement to inspect specific, original right to work documents.

The crucial legal requirements you must follow

To protect your business and avoid significant fines, here are the non-negotiable legal requirements for right to work checks:

• Inspect original documents: You must physically inspect original documents (or use an approved digital identity service provider for eligible UK and Irish citizens) before the individual starts work.

• Make and keep copies: Take clear copies of the documents, ensuring the date you conducted the inspection is clearly recorded on them.

• Complete before day one: All checks must be completed and verified before the employee’s first day of work.

• Retain records: You need to keep these records for the entire duration of the individual’s employment, plus an additional two years after they leave.

Missing any of these steps, even by accident, can lead to serious consequences. With increased enforcement from the Home Office, the risk of non-compliance is higher than ever.

Practical steps you can take right now

Feeling a bit uneasy? Don't worry, there are practical steps you can take to ensure your business is compliant:

1. Audit your current process: Review how you currently conduct right to work checks. Are you inspecting originals? Are you dating the copies correctly? Are records stored securely for the required period?

2. Train your team: Ensure anyone involved in hiring – whether it's an office manager, team lead, or HR administrator – is fully trained on the correct procedures and understands the legal implications.

3. Implement a documented system: Put a clear, step-by-step system in place for every new hire. This creates clarity and direction, ensuring consistency and compliance across your business.

How an HR consultant can help you build a stronger foundation

Navigating the complexities of employment law can feel like a minefield. That's where an HR consultant can be invaluable, taking the pressure off you and your team. I work with businesses like yours to:

• Review and identify gaps: I'll assess your existing right to work processes, pinpointing any areas that could put you at risk.

• Create compliant procedures: Together, we'll develop a robust, step-by-step procedure for hiring that ensures you meet all legal requirements.

• Provide essential training: I'll train your managers and administrators, giving them the confidence and knowledge to conduct checks correctly every time.

• Offer tools and templates: You'll get access to practical checklists and templates, making ongoing compliance straightforward.

• Provide ongoing support: With continuous advice and support, you can significantly reduce your legal and financial risk, allowing you to focus on growing your business.

Ready to ensure your business is fully protected?

If the thought of a £60,000 fine keeps you up at night, or you simply want the peace of mind that your right to work checks are watertight, let's have a conversation.

As an independent HR consultant, I help business owners transform their HR processes from a source of stress into a secure, compliant system that supports growth. As your outsourced HR consultant in Ipswich, I can provide tailored solutions.

Book a confidential discovery call today, and let's discuss how we can put a robust plan in place to protect your business.