Employers' duties

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STOP PRESS: This Practice Note is being updated for the coming into force of section 48 of the Border Security, Asylum and Immigration Act 2025, and related guidance and Codes of Practice. This measure will extend the right to work regime to the provision of work and services beyond the standard employment relationship, including to worker contracts, individual sub-contractors and online matching services. Liability will also be extended in relation to relationships along a contractual chain and where substitution is allowed. There are separate prescribed requirements which will create a statutory excuse for some of these relationships. For more details, see Practice Notes: Illegal working: who must be checked and Illegal working—civil and criminal sanctions.

This sub-topic covers some of the main duties UK employers have under immigration and employment law when recruiting employees to work in the UK, and for the duration of that employment.

The duty to prevent illegal working

Since 27 January 1997, UK employers have needed to undertake pre-employment checks to be satisfied that each prospective employee has the right to work in the UK in the employment offered, or they may face...

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