Your Legal Obligation
Every UK employer must verify that every employee has the legal right to work in the United Kingdom before they start work. This obligation applies to all employees without exception, regardless of their nationality, ethnicity, or appearance.
This point cannot be overstated. You must check every new starter, every time. Checking only certain individuals based on how they look or where you think they are from is unlawful discrimination. The law requires a consistent approach applied equally to everyone.
When to Check
The right to work check must be completed before the employee's first day of paid work. Not on their first day. Not during their first week. Before they start.
If you employ someone without conducting a valid check and they later turn out not to have the right to work in the UK, you lose your statutory excuse (more on this below) and face significant penalties. Getting the timing right is one of the simplest things you can do to protect your business.
Three Methods of Checking
There are three accepted methods for conducting right to work checks. The method you use depends on the individual's nationality and immigration status.
1. Manual Document Check
This method is available for all workers and remains the most commonly used approach for many SMEs.
The process involves several steps. First, obtain original documents from the Home Office's List A (permanent right to work) or List B (time-limited right to work). Photocopies and digital images are not acceptable at this stage.
Check the documents in the presence of the holder. Verify that the documents appear genuine, have not been tampered with, and belong to the person presenting them. Check all relevant dates, including expiry dates and any restrictions on the type or duration of work permitted.
Make a clear copy of the documents (a scan or photocopy) and record the date on which you made the check. Keep these copies securely for the duration of employment plus 2 years after the employee leaves.
2. Online Check via GOV.UK
This method applies to individuals who hold biometric residence cards, biometric residence permits, frontier worker permits, or eVisas.
The employee generates a share code from their Home Office online account. You then enter the share code along with the employee's date of birth at the government's online checking service. The system confirms their right to work status and the conditions of their permission.
Save or print the online profile page as your record. This serves as evidence that you conducted the check.
3. Identity Service Provider (IDSP)
This method is available for British and Irish citizens only and uses certified digital identity verification technology.
The employee scans the chip in their passport using a smartphone app provided by the IDSP. The provider uses Identity Document Validation Technology (IDVT) to verify the document's authenticity and match it to the holder. You receive a verified identity report, which you keep as your record.
This method is entirely optional. It typically costs between £1 and £3 per check and can speed up the onboarding process, particularly for remote hires where meeting in person to inspect original documents is not practical.
List A and List B Documents
List A documents establish a permanent right to work in the UK. These include a current or expired UK passport, a current or expired Irish passport, a certificate of registration or naturalisation as a British citizen, and settled status under the EU Settlement Scheme (verified online).
A single valid document from List A is sufficient. You do not need to request anything further.
List B documents establish a time-limited right to work. These include a passport with a valid work visa, a Biometric Residence Permit (checked online), pre-settled status under the EU Settlement Scheme (checked online), and a Home Office immigration status document with a relevant endorsement.
If the employee presents List B documents, you must note when their permission expires and conduct a follow-up check before that date.
Follow-Up Checks
When an employee has a time-limited right to work, you are required to conduct a follow-up check before their existing permission expires. Set a calendar or diary reminder well in advance so you have time to request updated documents.
If the employee cannot provide evidence that their right to work has been extended or renewed, you should not continue to employ them. However, this is a sensitive area and you should always seek professional advice before taking any action, as there may be circumstances (such as a pending Home Office application) that affect the position.
Penalties for Non-Compliance
The penalties for failing to conduct proper right to work checks are severe and have increased significantly in recent years.
The civil penalty for employing an illegal worker is up to £60,000 per worker. This figure was increased from £45,000 in February 2024, reflecting the government's tougher stance on illegal working.
In more serious cases, there is the risk of criminal prosecution. Knowingly employing someone without the right to work can result in up to 5 years' imprisonment. In the most serious cases, businesses can face closure orders and directors can be disqualified.
These are not theoretical risks. The Home Office conducts thousands of enforcement visits each year, and penalties are regularly issued to businesses of all sizes.
The Statutory Excuse
Conducting a proper right to work check before employment starts gives you a statutory excuse. This means that if the employee later turns out not to have the right to work in the UK, you will not face a civil penalty, provided your original check was conducted correctly and in good time.
This is the single most important reason to get right to work checks right. A few minutes of proper checking at the start of employment can protect your business from a £60,000 penalty later.
Common Mistakes
Checking after employment has started. Even by a single day, this means you do not have a valid statutory excuse for the period before the check was completed.
Only checking certain employees. Selecting who to check based on appearance, accent, or nationality is discriminatory and unlawful. Check everyone, every time.
Not keeping copies for the required period. Records must be retained for the duration of employment plus 2 years. If you cannot produce evidence of your check during an enforcement visit, you have no statutory excuse.
Accepting photocopies instead of originals. For manual checks, you must see the original document. A photocopy or scan sent by email does not satisfy the requirement (though you then make your own copy for your records).
Not following up on time-limited permissions. If an employee's visa expires and you have not conducted a follow-up check, you may be employing someone illegally without realising it.
Not recording the date of the check. The date is essential evidence. Without it, you cannot prove when the check was conducted.
Practical Tips
Build right to work checks into your standard onboarding process so they happen automatically for every new starter, alongside issuing employment contracts and confirming key terms. Use a checklist to make sure no steps are missed.
Train anyone involved in hiring. Managers, recruiters, and HR staff should all understand what is required and how to spot potential issues with documents.
Set calendar reminders for follow-up checks on time-limited permissions. Do not rely on memory or informal systems.
Keep records organised and accessible. If the Home Office visits, you need to be able to locate the relevant documents quickly.
If you are setting up your HR processes for the first time, our new business support service can help you build compliant onboarding procedures from scratch. Right to work checks are just one part of a broader compliance framework, so make sure you also have the essential HR policies in place to support your hiring process. For established businesses that want to check their current processes are watertight, an HR health check will identify any gaps.
Book a free consultation to discuss your hiring processes and make sure your right to work checks are fully compliant.
