Right to Work Checks: The £40,000 Mistake Employers Make
The One Step That Invalidated This Employer’s Right to Work Check
You can think you’ve done everything right and still get hit with a huge fine.
That’s exactly what happened to a fish and chip shop owner in Surrey.
They had all the paperwork: a National Insurance number, benefit documents, even PAYE records from another employer. It looked legitimate.
But the Home Office didn’t agree. The business was fined £40,000.
Where It Went Wrong
The employee had presented forged documents. The business owner never physically saw the original passport.
That single missed step invalidated the whole right to work check. Everything else counted for nothing.
A National Insurance number or P45 does not prove someone can work in the UK.
What You Actually Need to Do
The rules are stricter than most realise:
Physically inspect original documents (or use an approved digital service)
Take copies and record the date of the check
Complete checks before the person starts work
Keep records for the entire employment period plus two years
Miss any of these and you lose your legal defence.
The Reality of Enforcement
Right to work checks aren’t box-ticking exercises anymore. The Home Office is actively targeting businesses, and the fines are rising.
Repeat offences can mean £60,000 per illegal worker. For most small businesses, that’s devastating.
The Surrey case shows it can happen to anyone. Good faith doesn’t count when the fine arrives.
Protecting Your Business
Right to work checks protect you as much as they protect the system.
Ask yourself:
Are original documents being checked every time?
Are you keeping dated records properly?
Does everyone involved in hiring know the rules?
If you’re not confident, fix it now. Putting the right system in place is far easier than scrambling after a penalty.
Get in touch if you want help building a process that works - and avoids a £40,000 mistake.
