26 March 2024
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Key changes to UK right to work check guidance: What employers need to know

To The Point
(4 min read)

The Home Office has recently updated the Employer Guide on Right to Work Checks, with the changes taking effect from 13 February 2024. These changes have significant implications for employers, as civil penalties for employing a worker illegally have tripled.  In addition, there are implications for employers of employees who are EEA nationals or non-EEA family members employed prior to 30 June 2021. In this article, we will summarise the key changes and provide practical advice for employers to navigate these new requirements.

To have a defence against a civil penalty, employers must establish a statutory excuse. This can be established by carrying out adequate right to work checks prior to an employee commencing employment and maintained by doing repeat checks where required.

Key changes to the Employer Guidance
What do these changes mean for employers?
Practical advice for employers of EEA Nationals (or non-EEA family members)


The recent changes to the employer guide to right to work checks have significant implications for employers, particularly those with EEA nationals or non-EEA family members as employees. It is crucial to understand and comply with these changes to avoid potential civil penalties and ensure the right to work of your employees.

Next steps

The Addleshaw Goddard Employment & Immigration team can provide advice on right to work procedures and best practices if you would like to ensure that your business is compliant with the above changes. We are also able to assist with mock audits or preparing for any anticipated Home Office compliant visits. If you would like to discuss anything raised in this article, feel free to contact one of the authors. 

To the Point 

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