At present, the law requires employers to carry out right to work checks for all individuals they employ under a contract of employment or a contract of apprenticeship. Failure to do so may result in, among other things, a civil penalty of up to £60,000 per illegal worker, seizure of earnings derived from illegal working, disqualification as a director, and a possible jail term of up to five years in serious cases of abuse concerning right to work checks.
Employers have the defence of a statutory excuse if they have carried out a suitable right to work check in accordance with Home Office guidance.
The Home Office encourages employers to verify the right to work status of individuals who are not employees. The Government has noted that companies such as Deliveroo, Just Eat, and Uber Eats already voluntarily carry out checks to ensure their delivery riders are eligible to work. On 30 March 2025, the Government announced plans to extend the scope of right to work checks to include workers, covering arrangements in the gig economy.
It is currently unclear when this change will be implemented into law. However, employers heavily reliant on zero-hours or ad hoc workers - such as those in construction, food delivery, beauty salons, and courier services - should review their processes and ensure compliance with Government guidance.
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