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Right to work and right to rent audit pack

Illegal working civil penalties in the UK now reach £45,000 per worker for a first breach and £60,000 for repeat breaches, with right to rent penalties up to £20,000 per tenant. A correctly completed and retained check is the only statutory excuse.

Situation pack · 10 documents · 58 pages

The short answer

Illegal working civil penalties in the UK now reach £45,000 per worker for a first breach and £60,000 for repeat breaches, with right to rent penalties up to £20,000 per tenant. A correctly completed and retained check is the only statutory excuse.

Who this pack is for

  • Employers who have never audited their right to work files
  • Landlords and letting agents checking occupiers
  • Businesses that have received a civil penalty notice
  • HR teams moving from documents to share codes
  • Anyone relying on an identity service provider

Not for you if: You need representation on an existing penalty appeal. This pack helps you fix the process.

What it solves

1

A file is checked and the copies are undated or incomplete.

2

A time limited right expires and no follow up check was diarised.

3

A penalty notice arrives and nobody knows what evidence exists.

What the law requires

The statutory excuse

A check carried out correctly before employment starts, in the prescribed manner and retained, gives a statutory excuse against a civil penalty. A defective check gives none, even if the person did have the right to work.

Source: Home Office, employer's guide to right to work checks

Share codes and manual checks

Most non-UK nationals are checked online with a share code and date of birth. Manual checks remain for British and Irish passport holders, with IDSP certified digital checks as an alternative.

Source: Home Office, right to work online checking service

Follow up checks

Where permission is time limited, a follow up check must be made before expiry. Missing it removes the excuse from that date.

Source: Home Office, right to work checks guidance

What is in the pack

IDDocumentPages
RWR-01Check procedureHome Office employer's guide6
RWR-02Share code verification recordOnline checking service3
RWR-03Manual check recordEmployer's guide3
RWR-04IDSP use policyHome Office IDSP guidance4
RWR-05Follow up check calendarEmployer's guide3
RWR-08Landlord right to rent variantsLandlord's guide6
RWR-09Self audit checklistEmployer's guide5

And three more: statutory excuse evidence file, retraining record, penalty response letter.

How updates work

Every document carries a version number and a reviewed date. On the first Tuesday of each month the pack is checked against its primary sources. If anything has changed you receive the updated file and one line explaining what moved and why. If nothing has changed you receive an email saying so.

April and the Budget are the months when most figures move.

Questions

Can I check after someone starts?

No. The check must be before employment begins, or the excuse is lost.

Do I need to check British citizens?

Yes, everyone, to avoid discrimination. The manual route applies to British and Irish passport holders.

How long do I keep the records?

For the duration of employment and two years afterwards.

Does right to rent apply everywhere?

The scheme applies in England. The pack notes that.

How is it delivered?

By email, as Word and PDF files, personalised with your organisation details.

Sources

Built from published UK primary sources only: Home Office, employer's guide to right to work checks, Home Office, right to work checks guidance, Home Office, right to work online checking service. No secondary or aggregator sources are used.

Order the right to work and right to rent audit pack, or ask about an association licence covering your whole membership.

Email support@kaeltripton.com

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Templates, not advice

These documents are drafted from published UK primary sources and are a starting point you adapt to your own circumstances. They are not legal, tax or immigration advice, and documents you edit become your responsibility.

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