As the sun shines brighter and the summer brings an influx of guests, pubs and small hotels across the UK are ramping up operations to meet seasonal demand. To cope with the surge, many venues rely on temporary and agency staff to keep up with increased footfall and ensure quality service. But amid the rush to fill rotas, there lies a serious compliance risk: Right to Work checks.
Failing to complete proper checks can lead to severe penalties for employers, including hefty fines, reputational damage, and even criminal liability. For small hospitality operators, who often lack the HR infrastructure of larger chains, the stakes are particularly high. In this article, Ken Dulieu, Chairman of Capcon and Head of Capcon Argen, breaks down what Right to Work checks involve, why they matter more than ever, and how Capcon’s services can help protect your business.
Understanding Right to Work Checks
Right to Work checks are a legal requirement for all UK employers. Before any individual begins work, employers must verify their right to work in the UK. This means checking their documentation – such as a British passport or a valid visa – and retaining a clear copy, dated and stored appropriately.
Importantly, these checks must be completed before the employee starts work. As of February 2024, employers face civil penalties of up to £45,000 per illegal worker for a first breach, and up to £60,000 per illegal worker for repeat offences. In cases where an employer knowingly employs someone without the right to work, criminal sanctions may apply – including up to 2 years’ imprisonment and/or an unlimited fine.
Why Summer Increases the Risk
July and August is peak season for pubs, boutique hotels, and guesthouses. With increased demand comes a reliance on:
- Casual staff to manage the weekend surges
- Event staff for private parties, festivals, or sports screenings
- Agency workers who may be on-boarded with limited notice
Many businesses operate under the false assumption that agencies are responsible for Right to Work checks. While agencies do play a role, the ultimate liability rests with the venue if checks are not performed or records are missing.
Moreover, the Home Office can conduct unannounced visits, particularly during high-traffic periods. One slip-up can lead to an inspection, and for smaller venues, the repercussions can be devastating.
Real-World Pitfalls We’ve Seen
Capcon’s compliance team regularly audits hospitality venues and has uncovered a range of common errors:
- Expired documentation being accepted without re-checking
- No copies on file or missing dates on record
- Over-reliance on verbal assurances from staff or third parties
- Failure to re-check visas that have time-limited status
In one recent case, a small hotel in the Midlands received a Home Office warning after failing to update its visa record for a student worker whose permission had lapsed. The hotel owner assumed the original check was sufficient, but without a follow-up, they were found in breach.
What the Law Requires
Employers must verify and record approved evidence of the right to work and conduct follow-up checks when required. On occasion, due to the complexities involved – particularly for applicants from the EEA – verifying right to work may require more than simply checking a passport.
In many cases, additional verification through official channels is needed, and the support of a specialist provider can help ensure compliance. The requirements can be intricate and time-consuming to navigate – particularly during busy periods.
Capcon’s Right to Work Compliance Support
Capcon works with hospitality operators to manage and streamline Right to Work compliance. Our service includes:
- Initial employee checks for all new and existing staff
- Re-check scheduling to ensure ongoing compliance
- Spot audits to assess gaps and vulnerabilities
- Training and awareness for managers and hiring staff
- High level employee screening for more senior recruits
We also offer support for agency-supplied workers, ensuring contracts clearly define responsibilities and compliance is verified independently.
In high-pressure periods like July and August in the UK, peace of mind is invaluable. With Capcon’s support, you can focus on delivering exceptional guest experiences while we help protect your business from legal and reputational harm.
A Final Note on Culture and Responsibility
Compliance isn’t just about avoiding fines – it reflects your business values. Fair treatment of employees, clear communication, and a culture of doing things right all contribute to long-term success. For guests, staff and regulators alike, these values matter.
If you’re unsure whether your current processes are sufficient, now is the time to act. Let us help you review, refine, and reinforce your Right to Work checks before the summer heats up any further.
Get in touch to find out more about how we can support you and your hospitality business.
