Right to work in the construction industry
Skill shortages, reliance on transient labour and forged identity documents expose the construction industry to the risk of illegal employment.
Legislation in relation to illegal employment is set out in the Immigration, Asylum and Nationality Act 2006. The Act gives the following definition of the term ‘illegal worker’:
‘…an adult subject to immigration control if:
- he has not been granted leave to enter or remain in the United Kingdom, or
- his leave to enter or remain in the United Kingdom:
- is invalid,
- has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
- is subject to a condition preventing him from accepting the employment.’
Illegal workers include students with expired visas, students working more hours than they are allowed to and people who work on a visitor’s visa.
Businesses employing illegal workers may be liable to pay a civil penalty of up to £20,000 for each illegal worker. The proposed Immigration Act will introduce new criminal offences.
Under the Right to Work, employers are required to check job applicants are allowed to work for them in the UK before they are employed. This includes checking worker’s original documents with the worker present and to keeping copies of documents and a record of the date the check was made.
Employers must check:
- Documents are genuine and belong to the applicant.
- The dates for the worker’s right to work in the UK have not expired.
- Photos are the same across all documents and look like the applicant.
- Dates of birth are the same across all documents.
- The person has permission to do the type of work offered.
- Evidence of students study and vacation times.
- If documents give different names, supporting documents showing the reason for this.
Further checks are required if the person has restrictions on their right to work in the UK. See Check if someone can work in the UK.
In 2014, the government made Right to Work checks easier for legitimate employers to carry out, by reducing the frequency of checks and the range of documents needed.
On 14 October 2015, Immigration Minister James Brokenshire announced ‘Operation Magnify’, an enforcement campaign targeting illegal working in the construction industry. See Operation magnify for more information.
Featured articles and news
The sad story of Derby Hippodrome
An historic building left to decay.
ECA, JIB and JTL back Fabian Society call to invest in skills for a stronger built environment workforce.
Women's Contributions to the Built Environment.
Calls for the delayed Circular Economy Strategy
Over 50 leading businesses, trade associations and professional bodies, including CIAT, and UKGBC sign open letter.
The future workforce: culture change and skill
Under the spotlight at UK Construction Week London.
A landmark moment for postmodern heritage.
A safe energy transition – ECA launches a new Charter
Practical policy actions to speed up low carbon adoption while maintaining installation safety and competency.
Frank Duffy: Researcher and Practitioner
Reflections on achievements and relevance to the wider research and practice communities.
The 2026 Compliance Landscape: Fire doors
Why 'Business as Usual' is a Liability.
Cutting construction carbon footprint by caring for soil
Is construction neglecting one of the planet’s most powerful carbon stores and one of our greatest natural climate allies.
ARCHITECTURE: How's it progressing?
Archiblogger posing questions of a historical and contextual nature.
The roofscape of Hampstead Garden Suburb
Residents, architects and roofers need to understand detailing.
Homes, landlords. tenants and the new housing standards
What will it all mean?


















