Every employer in the UK has a legal responsibility to ensure that any individual they employ has the legal right to work in the country. The UK Home Office enforces this regulation rigorously, and failure to comply can result in civil penalties of up to £60,000 per illegal worker.
Beyond the financial consequences, employing someone illegally can damage a business’s reputation and limit its ability to sponsor workers in the future.
Given the high stakes, understanding how to correctly carry out right to work checks is essential for every employer, whether a startup, SME or large organisation. So, how can employers confidently navigate the right to work process and stay compliant with UK law?
What Are the Legal Requirements for Checking an Employee’s Right to Work in the UK?
Under the Immigration, Asylum and Nationality Act 2006, UK employers must carry out right to work checks before employing anyone. This requirement applies to all new employees, regardless of nationality.
The check must be conducted either manually, using original documents, or digitally via the Home Office’s online system.
For some individuals, an approved Identity Document Validation Technology (IDVT) provider may also be used.
Employers who complete these checks correctly and in accordance with the guidance are protected by a statutory excuse. This legal defence means that if an individual is later found to be working illegally, the employer may avoid a civil penalty, provided the check was carried out properly.
It is also essential that employers do not discriminate based on nationality, race or ethnicity. All prospective employees must be treated fairly and asked to prove their right to work using the same process.
When Should You Conduct a Right to Work Check and Why Is It Important?
Employers are required to carry out right to work checks before the individual begins employment. A failure to do so may result in enforcement action, including fines, loss of sponsor licences, and reputational harm.
In certain cases, such as students or individuals with limited leave to remain, follow-up checks may also be required during their employment.
Notably, some exceptions and distinctions exist:
- British and Irish citizens cannot use an online share code and must instead provide original documents, such as a passport or passport card. Employers can also verify their identity using IDVT via a certified provider.
- Employers are not required to re-check the right to work status of EU, EEA or Swiss nationals who arrived in the UK before 1 July 2021.
- From 1 January 2021 onwards, employing EEA or Swiss nationals coming to work in the UK requires a sponsor licence.
These timelines reflect the post-Brexit immigration system and highlight the importance of understanding each individual’s immigration status.
What Are the Different Methods to Check an Employee’s Right to Work?
There are three primary methods employers can use to conduct a right to work check in the UK: manual checks, digital checks using share codes, and identity verification through approved IDVT providers.
What Is a Manual Right to Work Check?
Manual checks are typically used for British and Irish citizens or others who cannot use digital status verification. This process requires employers to obtain and review the applicant’s original documents in their presence.
Employers should ensure that documents are genuine, unaltered, and match the person presenting them. Particular care should be taken to confirm that the individual looks like the person in the photograph and that all personal information, such as date of birth and name, is consistent across the documentation.
If there are discrepancies in names between documents, supporting documents must be provided (such as a marriage certificate or divorce decree).
It is important to note that biometric residence cards or permits are no longer accepted as valid evidence for manual checks. Individuals with these documents must now prove their right to work digitally via a share code.
How Do Digital Right to Work Checks Work?
Digital checks offer a more streamlined and secure way to confirm an individual’s immigration status.
These checks are applicable to individuals who have a digital immigration status, including those with settled or pre-settled status under the EU Settlement Scheme, holders of biometric residence permits, and those with an eVisa.
To carry out a digital check, the employer must obtain a share code from the applicant. The share code is then entered into the Home Office’s online checking service, along with the applicant’s date of birth.
This system provides real-time verification of the individual’s right to work, including their immigration status, permitted work type, and any time limitations.
Digital checks are particularly useful for remote recruitment processes, offering a fast and secure alternative to physical document handling.
What Is Identity Verification Through IDVT?
Identity Document Validation Technology (IDVT) is a relatively new method introduced to support remote and digital hiring practices, especially among British and Irish citizens. This method allows employers to partner with certified IDVT service providers to digitally verify a candidate’s identity.
Using IDVT, employers can:
- Capture high-resolution images of the applicant’s identity documents
- Verify that the documents are genuine and belong to the applicant
- Confirm the individual’s identity in a secure and compliant way
This method is especially helpful in hybrid and remote work environments, allowing verification without needing to meet the applicant in person.
How Do You Perform a Right to Work Check Step-by-Step?
The process of checking an applicant’s right to work should be methodical and consistent across all candidates. Here’s how employers should approach it:
Step 1: Obtain the Right Documents
The first step is to ask the applicant to provide either original acceptable documents or a share code for an online check. British and Irish citizens must provide physical documents unless using IDVT. For all others, digital status with a share code is preferred.
Step 2: Verify the Validity of the Documents
Employers must verify that:
- The documents are genuine and original
- They relate to the applicant and match their appearance
- Information such as names and dates of birth are consistent
- The right to work has not expired and includes permission for the role offered
In the case of students, employers must also confirm that the applicant’s working hours align with the terms of their visa and academic calendar.
Step 3: Make and Retain Copies
Clear, unalterable copies of the documents must be made and securely stored. For passports, this includes copying any page that contains the expiry date, personal details, and any endorsements (such as visas). For all other documents, a complete copy must be made.
The date the check was performed must be clearly recorded on the copy, and records must be kept for the duration of employment and two years afterwards. Copies should be stored in a way that complies with UK data protection legislation.
Step 4: Maintain a Record of the Check
Employers should document how and when the check was completed. This includes noting whether the check was manual, digital, or conducted through an IDVT provider. This record should be stored securely with the employee’s HR file.
Do Employers Need to Recheck Documents After Hiring?
Rechecking is only necessary if the individual has a time-limited right to work. Employers must track the expiry dates of visas or temporary leave and schedule follow-up checks accordingly.
A failure to complete follow-up checks when required can nullify the employer’s statutory excuse and expose the business to financial penalties. For individuals with indefinite leave to remain or settled status, no recheck is needed.
What Happens If the Applicant Can’t Provide Documents?
In situations where the applicant cannot show valid documentation or does not yet have a digital immigration status available, employers must use the Home Office’s Employer Checking Service (ECS). This might be necessary when the applicant:
- Has an ongoing immigration application, appeal or review with the Home Office
- Arrived in the UK before 1989 and lacks formal documentation
- Holds a Certificate of Application that specifies the need to request Home Office verification
- Possesses an Application Registration Card with permission to work in the role offered
Upon verifying, the Home Office will issue a Positive Verification Notice. This document confirms the applicant’s legal right to work and must be retained on file as part of the employer’s compliance record.
What Are the Most Common Right to Work Check Mistakes and How Can You Avoid Them?
Employers frequently encounter issues due to incorrect or incomplete checks. Some of the most common mistakes include:
- Accepting expired or non-compliant documents
- Not checking the documents in the applicant’s presence
- Failing to retain a proper copy of the documents
- Missing recheck deadlines for time-limited permissions
- Misinterpreting work restrictions, especially for students or visa holders
To avoid these pitfalls, employers should use a standardised checklist for every new hire, provide training to HR teams, and regularly audit their onboarding procedures.
How Can You Use GOV.UK Tools to Verify Right to Work?
The Home Office offers several digital services to assist employers, including the View a Job Applicant’s Right to Work tool and the Employer Checking Service. These tools are accessible via the GOV.UK website and provide up-to-date information on immigration status, work permissions, and visa limitations.
By using these tools, employers can ensure that their checks are accurate, legal, and provide them with a statutory excuse in the event of enforcement.
How Do You Build a Legally Compliant Hiring Process in the UK?
A legally compliant hiring process involves more than just checking documents. It requires a proactive and structured approach. Employers should:
- Integrate right to work checks into their recruitment workflows
- Train all hiring managers and HR staff on compliance procedures
- Keep detailed and accurate records for each employee
- Use approved technology, such as IDVT, where applicable
- Stay up to date with Home Office policy changes
Creating and maintaining a compliant hiring process is an ongoing responsibility and essential for risk management and brand protection.
What Should Employers Remember to Stay Compliant When Hiring?
Employers should always ensure that right to work checks are completed before the employee starts work. They must:
- Apply the same process to all applicants to avoid discrimination
- Choose the appropriate method (manual, digital or IDVT)
- Retain clear records for at least two years post-employment
- Monitor expiration dates and schedule follow-up checks where needed
- Use the Home Office Employer Checking Service in complex or uncertain cases
Remaining compliant not only prevents fines and legal action but also demonstrates good practice and due diligence.
Table: Comparison of Right to Work Check Methods
| Check Type | Suitable For | Process | Tools Needed |
| Manual Check | British/Irish citizens without digital ID | In-person document check | Original documents |
| Digital Check | EEA nationals, BRP holders | Use share code on GOV.UK portal | Share code and internet access |
| IDVT | British/Irish citizens (remote) | Partner with certified provider | IDVT software and verification tech |
Conclusion: Ensuring Legal Hiring in the UK
Right to work checks are a legal necessity and a key component of responsible hiring in the UK. Employers must ensure that each prospective employee is properly vetted before starting work, using the appropriate method depending on their immigration or citizenship status.
Whether carried out manually, digitally, or through an IDVT provider, right to work checks must be thorough, documented, and compliant with Home Office guidance. Doing so not only protects businesses from penalties but also helps foster fair and legal employment practices across the board.
FAQs on Checking Employee Right to Work
What happens if an employee fails a right to work check?
They cannot be employed. The employer must not proceed with hiring and could face penalties if they do.
Can right to work checks be done remotely?
Yes, through digital share code checks or certified IDVT providers.
How long should employers keep right to work records?
Employers must retain records for the duration of the employment and for two years after the employee leaves.
Do British citizens need a right to work check?
Yes. Even British citizens must prove their right to work with a valid passport or similar documentation.
What is the difference between List A and List B documents?
List A documents show permanent right to work. List B documents indicate temporary permission, requiring rechecks.
What is a statutory excuse and how is it established?
A statutory excuse is a legal defence against penalties, established by conducting a compliant right to work check.
Are right to work checks required for volunteers or interns?
Yes. If they are performing work, even unpaid, a right to work check is generally required.
