As an employer in the UK, it is your legal responsibility to make sure every person you hire has the right to work in the country. This process is called a Right to Work check. If you don’t carry out this check properly, you could face heavy fines, legal trouble, and damage to your business reputation.
This guide will help you understand everything you need to know about Right to Work checks. It explains what the check is, who you must check, how to do it correctly, and what can happen if you don’t follow the rules. You’ll also get tips on how to keep your business safe and compliant.
What is a Right to Work Check?
A Right to Work check is a process where you verify that every employee or worker you hire has legal permission to work in the UK. The law requires you to do this before they start work.
This check applies to all workers – permanent, temporary, part-time, casual, contractors, freelancers, and even some volunteers. It doesn’t matter what nationality they are. You must treat everyone fairly and avoid any form of discrimination when carrying out these checks.
By doing the Right to Work check properly, you protect your business from penalties if it turns out you accidentally employed someone who does not have the right to work.
Why Are Right to Work Checks Important?
Failing to carry out these checks or doing them incorrectly can have serious consequences:
- Heavy fines: You could be fined up to £45,000 per illegal worker for a first offence. For repeat offences, fines can go up to £60,000 per worker.
- Criminal prosecution: If you knowingly employ someone without the right to work, you could face criminal charges that carry unlimited fines and even imprisonment.
- Damage to your reputation: Being found guilty of illegal employment can harm your company’s reputation. This can lead to losing customers, partners, and damage your brand.
- Business disruption: You may have to deal with investigations, lose key staff, and spend time and money sorting out legal problems.
- Sponsor licence risks: If you have a sponsor licence, non-compliance can lead to suspension or revocation. This affects your ability to employ overseas workers on visas.
Simply put, it is in your best interest to take Right to Work checks seriously.
Who Do You Need to Check?
The rules apply to all UK employers, regardless of size or sector. You must carry out Right to Work checks on:
- Permanent employees
- Temporary, seasonal, or casual workers
- Part-time staff
- Contractors, freelancers, and gig economy workers (especially if you control how they work)
- Volunteers and unpaid interns (if their work resembles paid roles)
Everyone you employ must be checked before they start work. You cannot delay this until after they begin.
It’s important to check everyone fairly to avoid discrimination. Never select people to check based on nationality, ethnicity, or race.
Types of Right to Work Checks
There are several ways you can carry out these checks, depending on the worker’s situation:
1. Manual Checks (Physical Document Checks)
This is the most traditional method. You meet the worker face-to-face and inspect their original documents that prove their right to work.
You must:
- Ask for original documents (not photocopies or scans)
- Check the documents carefully to make sure they are genuine and belong to the person in front of you
- Make and keep clear copies of these documents for your records
There are two main lists of acceptable documents:
- List A: For workers with an unlimited right to work (e.g., British citizens, settled persons). This might include a valid UK passport or birth certificate with a National Insurance number.
- List B: For workers with time-limited permission to work (e.g., visa holders). You must check these workers’ documents before they start and again before their permission expires.
2. Digital Checks (IDVT via Identity Service Providers)
You can use technology to verify British or Irish passport holders’ identities remotely. This uses Identity Document Validation Technology (IDVT) through certified providers.
You must still see the worker in person or via live video to check that they match the ID. This method is optional and should not be forced on workers.
3. Online Checks (Using Share Codes)
Since April 2022, workers with certain types of visas or status (such as Biometric Residence Permits or EU Settlement Scheme status) must prove their right to work through the Home Office online service.
The worker gives you a share code and their date of birth. You enter this on the government website to verify their right to work. You then download and save a copy of the check.
You must see the worker face-to-face on their first day to confirm the person matches the online record.
4. Employer Checking Service (ECS)
If a worker cannot provide acceptable documents or a share code — for example, if they have a pending immigration application or appeal — you can use the Home Office Employer Checking Service.
You request a check online, and the Home Office confirms the worker’s right to work, issuing a Positive Verification Notice. This acts as proof for six months.
How to Conduct a Manual Right to Work Check
The Home Office advises a simple three-step process:
Step 1: Obtain Documents
Get the original right to work documents from the worker in person or by live video (if allowed).
Make sure you do this before they start work. Taking copies early also helps you prepare for visa sponsorship if needed.
Step 2: Check Documents
You are not expected to be an expert in spotting fake documents, but you should look out for anything suspicious or obviously fake.
Check that:
- The photo on the document matches the worker
- The document is genuine and not expired
- The name and date of birth match across documents
- The worker is allowed to do the type of work offered
If you doubt the documents, do not accept them and consider using the Employer Checking Service.
Step 3: Retain Copies
Keep clear, legible copies of the documents for your records.
Copies should be kept securely and for at least the duration of employment plus two years after the worker leaves.
Make sure to comply with data protection laws when storing this personal information.
Follow-Up Checks for Time-Limited Permission
Some workers have permission to work for a limited time only (e.g., visa holders). You must carry out follow-up checks before their permission expires to maintain your legal protection.
If you do not, you risk penalties if the worker’s right to work lapses and you continue to employ them.
You should have a system in place to remind you when these follow-ups are due.
What if You Suspect a Problem?
If you think a document is fake or a worker is not entitled to work:
- Do not accept the documents.
- Use the Employer Checking Service to verify the worker’s right to work.
- Seek legal advice if you are unsure how to proceed.
Remember, ignorance is not a defence if you have not carried out proper checks.
Avoiding Discrimination
Right to Work checks must be applied equally to all workers.
Do not single out people based on their race, nationality, or ethnic origin. This could lead to claims of unlawful discrimination.
Treat everyone fairly and use the same checking procedures consistently.
End of COVID-Adjusted Checks
During the COVID-19 pandemic, temporary rules allowed employers to check documents remotely via video calls and accept scanned copies.
This emergency scheme ended on 30 September 2022.
Since then, you must see original documents in person for manual checks. Remote checks are no longer valid for legal compliance.
Training and Policies
To keep your business safe, you should:
- Have clear written policies and procedures for Right to Work checks.
- Train all staff involved in recruitment and onboarding on how to do checks correctly.
- Regularly audit your processes and records to ensure compliance.
This reduces the risk of mistakes and protects your business from penalties.
Summary Checklist for Employers
- Carry out Right to Work checks before employment starts.
- Check all workers regardless of nationality or ethnicity.
- Inspect original documents in person or via live video if allowed.
- Use the Home Office online service and share codes where required.
- Keep clear copies of all documents and records for 2 years after employment ends.
- Conduct follow-up checks on workers with time-limited permissions.
- Use the Employer Checking Service when documents cannot be checked normally.
- Avoid discrimination by applying checks fairly and consistently.
- Train staff regularly on Right to Work compliance.
- Stay updated with changes in immigration laws and Home Office guidance.
Final Thoughts
Right to Work checks are an essential part of your legal duties as an employer in the UK. Taking these checks seriously protects your business from costly fines, legal issues, and reputational harm.
By following the rules carefully and applying checks consistently, you create a safe and compliant workplace for everyone.
If you ever feel unsure about how to conduct these checks or deal with complex cases, seek professional advice from immigration experts or legal advisers.
If you implement these steps and maintain good records, you will have a strong defence against enforcement actions, and your business will remain compliant with UK immigration laws.
