A recent case highlights just how crucial it is for employers to carry out thorough right to work checks. One of my clients only realised they had unknowingly employed an individual using someone else’s identity when the real person, whose identity had been used applied for a job with them. Shockingly, the real person was aware their identity had been sold but had never reported it. This raises difficult questions: was he in collusion, or simply unaware of the consequences? Regardless, the situation could have been avoided with robust right to work procedures.
How Identity Fraud Happens in Recruitment
Identity fraud is common in hiring. In this case, a fraudster got real documents and used them to get a job. The employer did not know. They only found out when the real person applied. The employer thought they had checked the photo carefully. But even good checks can fail if fraudsters are determined.
Legal Obligations for UK Employers
UK employers must check if workers have the right to work. If they do not, they can face fines up to £60,000 per illegal worker and even criminal charges. If employers do the checks correctly, they can avoid penalties, even if a worker is later found to be illegal.
How to Conduct Right to Work Checks in 2025
The Home Office now uses digital immigration status (eVisas) and is phasing out physical cards. Employers must:
- Use the Home Office’s online service for digital checks.
- Accept only valid, original documents for manual checks.
- Use Identity Service Providers (IDSPs) for British and Irish citizens.
- Keep records of checks during employment and for two years after.
How to Prevent Identity Fraud in Recruitment
To avoid fraud:
- Check original documents in person or use a certified digital service.
- Use online share codes for digital immigration status.
- Train your team on the latest right to work rules and spotting fake documents.
- Store all check records securely.
- Stay updated with Home Office guidance.
What If You Suspect Identity Fraud?
If you think someone used a stolen identity, report it to the Home Office. Review your hiring process. Sometimes, the real person may not know their identity is being used. This shows why you must stay alert.
Conclusion: Stay Compliant, Stay Protected
Right to work checks are not just a legal rule. They protect your business. Follow the latest rules and use digital tools to avoid risks and penalties from illegal work and identity fraud.
