Checking whether someone has the legal right to work in the UK is an essential part of recruitment. Employers must complete the appropriate check before allowing a person to start work and keep evidence showing that the correct process was followed.
The rules have continued to develop as immigration records become increasingly digital. Significant changes also took effect on 1 October 2026, extending parts of the right to work regime beyond traditional employees to certain other working arrangements.
For startups and growing businesses, understanding who needs to be checked, which method should be used and when another check is required can help prevent costly compliance problems.
What Is a Right to Work Check?
A right to work check is the process an employer uses to establish whether a person is legally permitted to carry out the proposed work in the UK.
The check is not simply about confirming someone’s identity.
Employers may also need to establish whether there are restrictions attached to the person’s immigration permission, such as limits on the type of work they can undertake or how long they are allowed to work.
A correctly conducted prescribed check can provide the employer with a statutory excuse against liability for a civil penalty if the person is later found to have been working illegally.
Employers should carry out the appropriate check before the individual begins the relevant work.
When Were Right to Work Checks Introduced in the UK?
Employer right to work checks were introduced through the Asylum and Immigration Act 1996 and came into force in 1997.
The system changed significantly in 2008 when provisions under the Immigration, Asylum and Nationality Act 2006 introduced the modern civil penalty framework for illegal working.
This strengthened employers’ responsibilities and created penalties for businesses that employ people who do not have the required permission to work.
Since then, the checking system has evolved considerably. Important developments have included online Home Office checks, share codes, digital immigration status, eVisas and digital identity verification.
What Changed in Right to Work Checks From 1 October 2026?
One of the most important changes in 2026 took effect on 1 October.
The prescribed right to work checking framework was extended beyond people employed under traditional contracts of employment.
Depending on the working arrangement, the requirements can now apply to:
- Employees Working Under Contracts Of Employment
- People Engaged Under Certain Worker Contracts
- Individual Subcontractors In Relevant Arrangements
- Certain Service Providers Connected Through Online Matching Services
The exact legal relationship remains important. A genuinely self-employed business providing services to a client or customer is not automatically treated in the same way as an individual who personally undertakes work under an arrangement covered by the rules.
Changes to digital verification also took effect during this period.
Where an employer relies on a Digital Verification Service for a prescribed digital right to work check, the service must meet the applicable certification and registration requirements for the employer to obtain the relevant statutory excuse.
What Do the 2026 Changes Mean for UK Employers?
The changes mean businesses should no longer assume that right to work compliance is relevant only when adding someone to the payroll as an employee.
Employers may need to look at the actual working relationship before deciding whether a prescribed check is required.
Businesses should consider:
- How The Individual Has Been Engaged
- Whether They Must Personally Perform The Work
- Whether They Are An Individual Subcontractor
- Whether An Online Matching Service Is Involved
- Who Is Responsible For Performing The Required Check
- Whether A Digital Verification Provider Meets Current Requirements
This is particularly important for startups that use flexible workers, contractors and outsourced labour alongside permanent employees.
Businesses should therefore review recruitment and onboarding procedures rather than relying solely on the employment status written on an invoice or contract.
Who Needs a Right to Work Check in 2026?
Every person falling within the prescribed right to work regime should be checked regardless of their apparent nationality, ethnicity, name or accent.
British citizens also need to demonstrate their right to work. Employers should not assume that someone is British simply because they have lived in the UK for many years.
Depending on the arrangement, checks may apply to:
- Permanent Employees
- Part-Time Employees
- Temporary Employees
- Apprentices
- Workers Covered By Relevant Worker Contracts
- Certain Individual Subcontractors
- Certain Individuals Connected Through Online Matching Services
Employers should apply their checking procedures consistently. Selecting particular applicants for checks because of nationality or ethnicity can create discrimination risks.
What Are the Main Ways to Check an Employee’s Right to Work?
The appropriate checking method depends largely on the individual’s citizenship, immigration status and available evidence.
Manual Document Check
A manual check involves examining acceptable original documents.
Employers must check that the documents appear genuine and belong to the person presenting them. Details such as names, dates of birth, photographs and immigration endorsements should be consistent.
Employers must then make and securely retain the required copies and record when the check was completed.
Manual document checks remain particularly relevant for British and Irish citizens who use acceptable physical documentation.
Home Office Online Check
Many people with UK immigration status can demonstrate their right to work through the Home Office online checking service.
The applicant provides a right to work share code and their date of birth.
The employer then accesses the official result and checks:
- The Person’s Photograph
- Whether They Have The Right To Work
- Which Work They Are Permitted To Do
- Whether Their Permission Has A Time Limit
The employer must check that the person presenting for work is the same individual shown by the online service.
Digital Verification Service
A Digital Verification Service can be used in qualifying cases to support digital identity checks.
British and Irish citizens may be able to use an appropriate digital verification route rather than presenting their documents for a traditional manual check.
The employer still has responsibilities. Using a third-party digital service does not mean the employer can simply ignore the result.
The employer must satisfy itself that the individual being hired matches the identity information and photograph produced through the service.
Employer Checking Service
The Employer Checking Service is used in specific situations where a person’s right to work cannot be established through the normal document or online checking routes.
For example, it may be relevant when someone:
- Has An Outstanding Immigration Application
- Has An Outstanding Appeal Or Administrative Review
- Has Certain Home Office Evidence Requiring Employer Verification
- Cannot Demonstrate Their Status Through The Standard Online Route
Where the Home Office confirms the person’s entitlement to work, it may issue a Positive Verification Notice.
How Do You Check an Employee’s Right to Work Step by Step?
Employers can make the process easier by following the same structured procedure for every new worker. A consistent process also helps reduce mistakes and makes it easier to show that the required checks were completed correctly.
Step 1: Identify the Working Arrangement
Determine whether the person is an employee, worker, individual subcontractor or another type of service provider covered by the right to work rules. This is important because the correct checking responsibility can depend on how the individual is engaged.
Step 2: Identify the Correct Checking Method
Establish whether the individual should use a manual document check, Home Office online check, Digital Verification Service or Employer Checking Service. The correct method will usually depend on the person’s nationality, immigration status and available evidence.
Step 3: Obtain the Required Evidence
Ask the individual for the relevant documents or share code. Employers should make sure the evidence is appropriate for the checking method being used and relates to the person being recruited.
Step 4: Confirm Their Identity
Ensure the photograph, personal details and other information correspond with the individual being recruited. Any differences in names or personal details should be properly explained and supported where necessary.
Step 5: Check Work Restrictions
Confirm that the person’s immigration status allows them to perform the specific work being offered. Employers should also review any restrictions relating to working hours, job type or the length of time the person can work.
Step 6: Record the Check
Record when the check took place and retain the required evidence securely. The record should clearly show how the person’s right to work was verified and should be stored in accordance with data protection requirements.
Step 7: Identify Whether Another Check Is Needed
If the person’s permission to work is time limited, determine whether and when a follow-up check will be necessary. Employers should record the relevant expiry date and set a reminder so the next check is completed before the statutory protection ends.
Who Can Use a Right to Work Share Code?
Share codes are generally used by people who have an immigration status that can be checked through the Home Office online service.
The employer uses the individual’s share code and date of birth to view their current right to work information.
Importantly, British and Irish citizens cannot obtain a right to work share code. Their status can instead be checked using appropriate physical documents or an eligible digital identity route.
Employers should also ensure they are given a right to work share code. Other types of share codes may be produced for different purposes and should not automatically be treated as evidence of employment permission.
What Are List A and List B Right to Work Documents?
Home Office right to work evidence is traditionally divided into List A and List B.
| Category | What It Shows | Follow-Up Check |
| List A | Continuous right to work | Normally not required |
| List B Group 1 | Time-limited right to work | Required before the statutory excuse expires |
| List B Group 2 | Time-limited statutory excuse based on specified Home Office evidence | Further verification is normally required |
List A generally contains evidence establishing a continuous statutory excuse.
List B relates to people whose right to work or the employer’s statutory excuse is time limited.
Employers should not rely purely on whether a document looks valid. They should follow the current prescribed checking process for the particular evidence presented.
Do Employers Need to Recheck an Employee’s Right to Work?
Not every worker needs to be checked repeatedly.
Where the original check establishes a continuous statutory excuse, employers generally do not need to conduct routine repeat checks.
Follow-up checks become important where the statutory excuse is time-limited. Employers should know when that protection expires and complete the required check at the appropriate time.
Businesses should therefore maintain a reliable system for monitoring relevant expiry dates rather than depending on employees to remind HR or management.
Employers should also take care with EU Settlement Scheme status because the rules concerning follow-up checks can differ from other forms of time-limited immigration permission.
Do Contractors and Self-Employed Workers Need Right to Work Checks?
This became particularly important after the October 2026 changes.
A business should not assume that calling someone a contractor automatically removes them from the right to work checking regime.
Prescribed checks can apply to certain individuals working under worker contracts and to individual subcontractors.
However, genuinely self-employed people operating an independent business where the organisation receiving the service is simply their client or customer can fall into a different position.
Businesses should examine the actual relationship, including whether the individual must personally perform the work and how the arrangement operates in practice.
This is particularly relevant where companies regularly use freelancers, consultants, construction subcontractors and platform-based workers.
How Do Right to Work Checks Work for International Students?
International students may have permission to work in the UK, but their immigration conditions can restrict when and how much they are allowed to work.
An employer should check:
- Whether The Student Is Permitted To Work
- Any Maximum Working Hours
- Whether Different Limits Apply During Term Time
- Whether The Proposed Role Is Permitted
- When Their Immigration Permission Expires
Employers should not simply record that the student has immigration permission. They must ensure that the work actually being offered complies with the conditions attached to that permission.
Where working-hour restrictions depend on term dates, employers may also need appropriate evidence of the student’s academic timetable.
What Is Extended Liability for Right to Work Checks?
The 2026 framework makes responsibility particularly important where several businesses are involved in providing labour or services.
A company may use agencies, contractors, subcontractors or online platforms rather than recruiting every worker directly.
Businesses therefore need to understand who is responsible for carrying out the prescribed right to work check and should not assume that another company has completed it correctly.
Practical controls can include:
- Clearly Allocating Responsibilities In Contracts
- Keeping Evidence Of Required Checks
- Controlling Unauthorised Substitution
- Confirming That The Person Arriving For Work Is The Individual Who Was Checked
- Reviewing Labour Supply Arrangements Regularly
For UK startups relying heavily on outsourced teams, these controls can prevent compliance responsibilities from becoming unclear as the business grows.
What Happens If an Employer Fails to Carry Out a Right to Work Check?
Failure to carry out the required check can expose a business to serious consequences if it employs someone who is not entitled to perform the work.
Possible consequences include:
- Civil Financial Penalties
- Criminal Liability In Serious Cases
- Sponsor Licence Action
- Business Disruption
- Reputational Damage
- Greater Regulatory Scrutiny
Employers who correctly conduct the prescribed check can establish a statutory excuse against a civil penalty.
However, a right to work check should never be viewed simply as paperwork designed to avoid a fine.
Employers must make a genuine assessment of whether the person is permitted to carry out the proposed work.
How Long Should Employers Keep Right to Work Records?
Employers should normally retain evidence of the right to work check for the duration of the person’s employment and for two years after their employment ends.
Records may include:
- Copies Of Relevant Documents
- Online Right To Work Results
- Digital Verification Results
- Positive Verification Notices
- The Date On Which The Check Was Completed
The records should be stored securely because they can contain personal and immigration information.
Businesses should also make sure authorised staff can retrieve the evidence if the Home Office later asks how a particular worker’s status was checked.
Conclusion
Checking an employee’s right to work remains a fundamental responsibility for UK businesses in 2026.
The process has become increasingly digital, while the changes introduced on 1 October 2026 widened the relevance of prescribed checks to certain worker contracts, individual subcontractors and online matching arrangements.
Employers should determine the correct checking method, confirm that the individual is permitted to perform the particular work offered, retain suitable evidence and complete follow-up checks when necessary.
For startups in particular, building right to work checks into the recruitment process from the beginning is far easier than trying to correct inconsistent records after the workforce has expanded.
FAQs
Can an Employee Start Work Before a Right to Work Check?
Employers should complete the required right to work check before the individual starts work to establish the correct statutory protection.
Can British Citizens Use a Right to Work Share Code?
No. British citizens normally prove their right to work using acceptable documents or an eligible digital identity verification route.
What If a Right to Work Share Code Does Not Work?
The applicant should check that the code is correct and valid. If the online service still cannot confirm status, another prescribed checking method may be needed.
How Often Should Right to Work Checks Be Repeated?
Repeat checks are generally required where a person’s right to work or the employer’s statutory excuse is time limited.
What Is a Positive Verification Notice?
A Positive Verification Notice is issued through the Employer Checking Service and confirms that the individual has a right to work for a limited period.
Do Contractors Need a Right to Work Check?
Some contractors and individual subcontractors may fall within the right to work checking regime, especially under the rules applying from October 2026.
How Long Should Employers Keep Right to Work Records?
Employers should normally keep right to work evidence throughout employment and for two years after the individual leaves.
