The Home Office publishes an updated Employer’s guide to right to work checks

James Williams

On 8th February 2024, the Home Office released its updated guidance on ‘right to work checks’. This updated guidance applies to right to work checks undertaken on or after 13th February 2024:

  • Confirms the increase to the maximum civil penalty for non-compliance has been raised to £45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeat breaches.
  • Removes the 28-day concession to allow late applications to the EU Settlement Scheme for employees who are EEA nationals or non-EEA national family members, who were employed on or before 30 June 2021 and who it transpires (during an internal audit or otherwise) do not hold a lawful immigration status permitting them to work in the UK. The guidance now states that, “if an employer identifies an existing employee who no longer has a right to work, they are required to take the appropriate action. This may include contacting the Home Office for support or taking steps to terminate employment”.
  • Confirms that employers should secure additional evidence where they are employing someone for “supplementary employment” (they are sponsored by another employer for their “main role”) to ensure that the worker is not undertaking more than the permitted 20 hours a week supplementary employment in total.

Here is the full guidance document: Employer’s guide to right to work checks (

James Williams – Solicitor

James Williams

I am a qualified Employment Law and HR Solicitor. I specialise in acting for schools and advise on all aspects of employment law and HR including attending employee meetings, advising senior leaders, conducting redundancy consultations, drafting contracts of employment, advising on policies and procedures and negotiating settlement agreements.