Right to Work Legislation: Shop Owner Fined £40K For Faulty Employee Check

Published : August 18, 2025

A chip shop owner has been fined £40,000 for failing to comply with right-to-work legislation, which aims to prevent illegal workers from entering the workforce. Below, we look at what happened, the relevant governing law, and the steps individuals can take when unfair practices arise.

If you have any questions about right-to-work checks or believe your employee rights have been breached, contact us now. Redmans Solicitors are specialists in the employment law sector. Following a brief chat, we can analyse your case, answer your queries, and discuss your possible options.

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Chip Shop Fined Over Faulty Right to Work Checks

In March 2025, Big Fry Fish and Chips was raided by immigration officers from the Home Office. The Surrey fish and chips shop was suspected of employing a man who was believed not to hold the legal right to work in the UK.

The individual had been employed since early 2023, having previously provided identity documents, including his National Insurance number, housing benefit receipts, and a photocopy of a British passport. It was later revealed, however, that the worker’s identity was completely different from the one on the paperwork.

Mark Sullivan, the chip ship owner, insisted that he believed the documents were genuine. Nonetheless, the Home Office fined him £40,000 for failing to comply with right-to-work legislation and not fulfilling his duties.

This case serves as a strong reminder for employers to undertake proper right-to-work checks. That being said, it also raises important questions for employees—especially those whose immigration status or documentation could be wrongly challenged, mishandled, or misunderstood. For individuals, understanding their employee rights when providing their proof of right to work can be essential in protecting their jobs, livelihoods and reputation.

Understanding Right-to-Work Legislation

Right-to-work legislation has long been established to ensure that anyone in employment is legally entitled to work in the UK. The Immigration, Asylum and Nationality Act 2006 forms the primary legal framework, with the Home Office issuing regular detailed guidance to help interpret and apply it.

Under the legislation, employers must check the right to work of anyone they intend to hire. This obligation applies to the entire workforce, regardless of nationality, and includes employees, temporary staff and contract workers.

For those entering employment, this means they will be asked to provide their proof of right to work. The specific documents required will depend on citizenship and whether their stay is permanent or temporary. Individuals with time-limited visas may face repeated checks, while those with permanent residency usually only need to verify once.

Right-to-Work Legislation: Required Documents

An individual’s citizenship or immigration status determines what proof of right to work they must provide in the UK. For example, British and Irish citizens can present a valid passport, or two other documents: one showing their name and National Insurance number, and the other a birth or adoption certificate, or a certificate of registration or naturalisation.

For those with indefinite leave to remain, proof can be provided via a valid passport containing a Home Office ‘endorsement’ or by using an online share code. Individuals with limited leave to remain can also produce a share code or present a valid passport with a Home Office ‘endorsement’ confirming they are permitted to undertake the specific type of work for which they are applying.

The exact documents required will ultimately depend on each person’s circumstances, and other documents, such as biometric residence permits or immigration status documents, may be acceptable. It’s, therefore, worth checking the most up-to-date Home Office guidance to ensure the requirements are fully understood. Despite this, there are a few universal rules: original documents must be provided (no photocopies), passports must be in date unless they are British or Irish, and the evidence must clearly show the right to work in the UK.

How Right-to-Work Checks Are Carried Out

When it comes to the checks themselves, these are typically carried out either manually or online. In manual right-to-work checks, employers examine original physical documents while the individual is present, confirming they appear genuine and belong to that person, and keep a dated copy for their records. Online checks, on the other hand, involve using a Home Office share code, provided by the employee, to confirm their status via the official gov.uk portal.

Notably, if an individual’s right to work is time-limited, their employer must undertake follow-up checks before their permission expires. Should an employer have any uncertainty about an aspect of someone’s proof of right to work, they can contact the Home Office Employer Checking Service for guidance and assistance.

Right-to-Work Checks and Employee Rights in Cases of Unfair Treatment

While right-to-work legislation is designed to prevent illegal workers from entering the workforce, it can sometimes unfairly affect individuals who are legally entitled to work. This is particularly the case when checks are carried out improperly or discriminatory practices occur.

Concerning discrimination cases, this occurs when employers incorrectly check the right to work of individuals due to their protected characteristics. Under the Equality Act 2010, relevant characteristics include one’s race, nationality and ethnic origin. In practice, this type of discrimination may manifest as a job offer being withdrawn or an existing employee being dismissed.

That being said, discrimination isn’t the only factor that could make a dismissal unfair. If an employer, among other things, refuses to accept valid documentation, doesn’t allow enough time to provide proof, ignores a pending application or fails to check one’s share code accurately, an unfair dismissal claim could arise. That is, provided the individual has two years’ continuous service (not required in discrimination claims) and satisfies the other criteria.

When Checks Breach Equality and Right-To-Work Legislation

In circumstances where an individual believes their employee rights have been breached, several avenues exist to seek justice. To begin, it’s worth attempting to resolve the matter internally. Depending on the circumstances, internal remedies may include discussing the matter with HR, raising a grievance, or appealing a decision. It’s typically advised to pursue such channels first, as resolving the issue here can avoid the stresses of legal action.

If, however, a satisfactory resolution proves unsuccessful at this stage, it’s then time to look elsewhere. Acas early conciliation usually comes next, as it provides free advice and is generally required before pursuing a claim. That being said, if the issue remains following this, it may be time to initiate tribunal proceedings. Specific eligibility criteria and time limits must be adhered to in order to proceed.

Get Help with Redmans

Regardless of the steps taken, it’s typically advised to obtain specialist advice before making a decision. Expert assistance can help ensure you understand your options to make the most informed choice and reach an optimal outcome.

Redmans Solicitors are experts in the employment law sector. Following a brief consultation, we can address any questions you may have and discuss the next steps you can take. It only takes a moment to discover how we can help you, simply:

The information on this page is intended for general informational purposes only and does not constitute legal advice.