Growing Your Workforce Part 3: Right to work checks

In Northern Ireland (and the rest of the United Kingdom (“UK”)) there is a statutory duty placed on employers that they shall not employ individuals who do not have the right to work in the UK.

Getting right to work checks wrong can have significant financial, reputational and operational repercussions for employers if illegal working occurs.

However, if you are found to be employing an illegal worker, you will have a ‘statutory excuse’ against such illegal working if you carried out a valid right to work check (including any follow up checks required). Without a statutory excuse, if illegal working occurs, the employer will be liable for a civil penalty of up to £20,000 per illegal worker.