Claire Scanlan of Buckles Solicitors explores how businesses can navigate the legal landscape of right-to-work checks in the digital age, helping safeguard both their reputation and their bottom line.

 

The Government’s plan to introduce national Digital ID cards to confirm identity and immigration status has made headlines, and for good reason. For small retailers and brands, the idea of a simple digital proof of a person’s right to work sounds like a welcome shortcut in an industry where recruitment often happens fast.

But digital ID is still some way off, and when it does arrive, it won’t replace employers’ existing responsibilities. Every shop, brand or warehouse that employs staff must already check that each person has the legal right to work in the UK. And that rule applies whether you’re a national chain or a single boutique on the high street.

Why it matters

Right to work checks are not box-ticking exercises. They’re a legal safeguard designed to ensure that everyone working in the UK is here lawfully. Employers who fail to carry them out correctly risk civil penalties of up to £60,000 per illegal worker. In serious cases, criminal sanctions and unlimited fines can follow.

But the damage doesn’t stop there. The Home Office routinely publishes the names of businesses found to have employed someone illegally. For small fashion retailers that rely on community goodwill and loyal customers, that kind of publicity can be devastating. It’s hard to rebuild a reputation once a story like that circulates online.

Getting it right

Checking an employee’s right to work isn’t complicated, but it does require care. The Home Office has strict methods that must be followed. For British and Irish citizens, employers must see and copy an original passport or birth certificate. For many overseas nationals, the process is digital, using a share code that gives the employer access to an official record showing their photo and immigration status.

Whichever method applies, the rule is simple: follow the official process, keep clear evidence, and don’t take shortcuts. If you don’t, you lose what’s called the “statutory excuse” – your legal defence if a worker later turns out not to have permission.

The most common mistakes are simple ones: forgetting to re-check visas when they expire, failing to keep copies, or assuming a National Insurance number is enough proof. Each of these errors can leave a business fully liable.

The pressures of retail recruitment

Fashion and childrenswear businesses often recruit at short notice, particularly around key trading periods. Temporary or part-time staff are brought in to cover busy weekends or holiday seasons, and paperwork can fall behind the pace of the shop floor. Managers may assume that long-term residents automatically have the right to work, or that a friendly face recommended by another staff member must be fine.

But even genuine misunderstandings don’t protect a business from fines. The law makes no distinction between an innocent mistake and deliberate non-compliance. That’s why it’s so important to make right-to-work checks a non-negotiable part of recruitment, however busy things get.

What Digital ID will change

When Digital ID cards are introduced, they should make the process faster and more secure. Employers will be able to scan a credential and instantly confirm a person’s status, without handling physical documents or relying on share codes.

But the new system won’t remove employer responsibility. Businesses will still have to check and record evidence, and during the transition period, both digital and manual systems will run side by side. For retailers, that means training staff to handle both properly and ensuring that everyone is treated consistently, whether they have a digital ID or not.

Staying compliant

The simplest way to stay protected is to build right-to-work checks into every stage of hiring. Keep copies of the evidence securely, make sure anyone involved in recruitment knows how the process works, and don’t be afraid to seek advice if something looks uncertain.

For small businesses, this isn’t just about avoiding penalties, it’s about professionalism and trust. Customers care about integrity, and so do the larger brands that rely on independent stockists and franchise partners. A retailer that takes compliance seriously sends a strong message about the kind of business it is: careful, credible, and committed to doing things right.

Digital ID may change the tools we use, but not the principles behind them. In the childrenswear industry, where reputation and responsibility go hand in hand, compliance isn’t just good practice, it’s good business.

Claire Scanlan is an experienced employment law solicitor with more than 20 years’ experience. For further information on Buckles Solicitors, please click here.