Why Right to Work (RTW) checks are critical

A failure to conduct the necessary checks can result in severe consequences, including civil penalties of up to £20,000 per illegal worker.

Why Right to Work (RTW) checks are critical

Employing someone who does not possess the RTW in the UK, such as someone whose identity documents appear incorrect or fraudulent, is a grave offence. A failure to conduct the necessary checks can result in severe consequences, including civil penalties of up to £20,000 per illegal worker, long term damage to the reputation, business closure, or even criminal charges.

In the UK, employers must ensure that every employee has the Right to Work (RTW) in the country, irrespective of the size or sector in which they operate. Conducting a RTW check by reviewing the relevant identity documents or conducting a digital RTW check for eligible employees is necessary. As per Cifas Fraudscape 2022 report¹, the number of recorded identity fraud cases increased by 22% in 2021 (to 226,000 cases), accounting for 63% of all cases reported to the National Fraud Database (NFD).

Conducting the required checks correctly provides employers with a ‘statutory excuse’ against liability, thereby safeguarding them from penalties in cases where they unknowingly employ an illegal worker. Thus, ensuring the RTW of all employees is crucial for employers to avoid reputational damages to businesses and financial penalties.

https://www.fraudscape.co.uk/