Right to Work Checks: A Practical Guide for UK Employers

Every UK employer has a legal duty to check that their employees have the right to work in the UK before employment begins. Failing to conduct a compliant check - even if the employee is genuinely entitled to work - can result in civil penalties of up to £60,000 per illegal worker. This guide explains what to check, how to do it, and how to stay compliant.

Who must be checked

Every employee, worker or agency worker must have their right to work checked before they begin employment. There are no exceptions based on nationality, ethnicity or how the person was recruited - checking only certain people can constitute unlawful discrimination.

Checks are required for: permanent employees, part-time and zero-hours workers, those on fixed-term contracts, and apprentices.

Acceptable documents

The Home Office publishes two lists of acceptable documents. List A documents establish an ongoing right to work (e.g. a UK or Irish passport, a UK birth certificate with NI number evidence, a share code from the online checking service). List B documents establish a time-limited right and require a follow-up check.

• UK or Irish passport (current or expired within last 5 years for specific categories)
• Biometric Residence Permit (BRP)
• A share code obtained from the Home Office online service for those with settled or pre-settled status
• Certificate of Application confirming right to work during a visa application

How to conduct the check

For most workers, you have two options: a manual document check, or the online Home Office checking service (required for those with digital immigration status under the EU Settlement Scheme).

• Ask the individual to provide their document(s) or share code
• Check the document is genuine, unaltered and belongs to the person presenting it
• Make a clear copy of the document (front and back where applicable)
• Record the date you conducted the check - this is essential for the statutory excuse
• Retain the copy securely for the duration of employment plus two years

Remote and online checks

Since April 2022, employers can conduct manual right to work checks via video call using the IDVT (Identity Document Validation Technology) route, or by using a certified identity service provider. The Home Office online checking service must still be used where the individual holds digital immigration status.

Always verify that an adjusted check has been completed correctly - HMRC and Home Office audits do check the method used.

Follow-up checks for time-limited rights

Where an employee has a time-limited right to work (List B documents), you must conduct a follow-up check when their permission is due to expire. Diarise this at the point of the initial check. Failure to follow up removes your statutory excuse against a civil penalty.

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