Right to Work Checks: A Practical Guide for UK Employers

Every UK employer has a legal duty to prevent illegal working. Since February 2024, civil penalties for employing someone without the right to work have increased dramatically — up to £45,000 for a first breach and £60,000 for repeat offences per illegal worker. The financial exposure is enormous, and ignorance is no defence.

When Must You Check?

You must conduct a right to work check on every prospective employee before they start work — not on their first day, not during their first week, but before any work is carried out. This applies to all employees, regardless of nationality, race, or ethnicity. Conducting checks selectively based on appearance or perceived nationality is unlawful discrimination under the Equality Act 2010.

Three Ways to Check

1. Manual Document Check

The traditional method involves obtaining original documents from the Home Office's published lists (List A or List B), checking them in the presence of the holder, and retaining clear copies. For List A documents (British and Irish citizens, settled status holders), a single check establishes a continuous statutory excuse. List B documents require follow-up checks before permission expires.

2. Online Check via GOV.UK

For individuals with a biometric residence permit, biometric residence card, or status under the EU Settlement Scheme, employers can use the Home Office online checking service. The employee provides a share code, and the employer verifies their right to work digitally. This is now the required method for eVisa holders — physical documents alone are no longer sufficient.

3. Identity Service Provider (IDSP) Check

Since April 2022, British and Irish citizens can verify their right to work through a certified IDSP using Identity Document Validation Technology (IDVT). This allows fully digital, remote checks — particularly useful for businesses with remote workers or distributed teams.

Common Mistakes

• Late checks — Conducting the check after the employee has already started work. This is the most common error and provides no statutory excuse.
• Poor record keeping — Failing to retain clear, dated copies of documents. Records must be kept for the duration of employment plus two years.
• Accepting expired documents — Always check validity dates. An expired passport does not demonstrate current right to work (with limited exceptions for British and Irish passports).
• Not following up on time-limited permission — For List B documents, diary the expiry date and conduct a follow-up check before it expires.
• Selective checking — You must check everyone, not just those who "look foreign." Selective checking exposes you to discrimination claims.

The Statutory Excuse

Conducting a compliant right to work check provides you with a "statutory excuse" — a defence against a civil penalty if the employee is later found to be working illegally. Without this defence, you face the full penalty regime regardless of whether you knew about the employee's immigration status.

What if You Discover an Issue?

If a follow-up check reveals that an employee's right to work has expired and they cannot provide evidence of a current right to work, you cannot continue to employ them. This is not a discriminatory dismissal — it is a legal requirement. However, the process must still be handled fairly, with proper notice and consideration of the circumstances.

Right to work compliance should be embedded in your recruitment and onboarding processes. Our recruitment support service ensures every hire is compliant from day one. Contact us for guidance.