Right to Work Checks: A Guide for UK Employers
This guide is for UK employers. Before anyone starts working for you, you must check that they have the right to work in the UK. Done properly, the check takes minutes and protects you from heavy civil penalties. Done carelessly, or only for some people, it can expose you to fines and discrimination claims.
Key takeaways
- Check every employee before they start, using a manual document check, a Home Office online check with a share code, or an IDSP digital check for British and Irish passports.
- A correct check gives you a statutory excuse if it later turns out the person could not work legally.
- Civil penalties reach up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches.
- Keep copies for the length of employment plus 2 years, and check everyone the same way.
Right to work checks are one of the first legal steps in hiring. They apply to every employee, whether they are full time, part time, temporary, a family friend or someone you have known for years. The check confirms that the person is allowed to work in the UK and, if their permission is time-limited, what work they can do and for how long.
This guide explains the three ways to check, how to do each one properly, what to keep and how to avoid discrimination. It is general information, not legal advice. Home Office guidance is detailed and changes from time to time, so read the current employer guidance on GOV.UK or take advice for unusual cases.
Why right to work checks matter
If you employ someone who does not have the right to do the work, you can face a civil penalty. Since February 2024 the maximum is £45,000 per illegal worker for a first breach and £60,000 for repeat breaches. Knowingly employing an illegal worker can also be a criminal offence.
The protection is the statutory excuse. If you carried out a correct check before the person started, and kept the right records, you are excused from a civil penalty even if the person later turns out not to have the right to work, unless you knew they did not. That is why the method and the record keeping matter as much as the check itself.
The three ways to check
Which method you use depends on the person's status and the documents they have. Each one, done correctly, gives you a statutory excuse.
| Method | Typically used for | What you do |
|---|---|---|
| Manual document check | People with acceptable original documents, such as a British or Irish passport | See original documents with the person present, check them, copy them and date the copy |
| Home Office online check | People with digital immigration status, such as an eVisa | The person gives you a share code; you check their details on the GOV.UK service and keep the result |
| IDSP digital check | British and Irish citizens with a valid passport | A certified Identity Service Provider checks the document digitally; you keep the output and confirm the person matches |
Manual document check
- Obtain the original documents. Use the acceptable document lists in the Home Office employer guidance. Copies, scans or photos sent by email are not enough on their own.
- Check them with the person present. In person, or by live video call with the originals in your hands. Confirm the photos and dates of birth match the person, the documents are valid, and they appear genuine and unaltered.
- Copy and date them. Make a clear copy of each relevant page in a format that cannot later be altered, and record the date you made the check.
Home Office online check with a share code
Many people now prove their status digitally rather than with physical documents. The candidate gets a share code from the GOV.UK service and gives it to you with their date of birth. You use the employer service on GOV.UK to view their right to work, confirm the photo matches the person, and save the result. You cannot insist on an online check, and you cannot demand physical documents from someone whose status is only digital.
IDSP digital check for British and Irish passports
For British and Irish citizens with a valid passport (including Irish passport cards), you can use a certified Identity Service Provider (IDSP). The provider checks the document using identity technology, and you receive the result. You still need to confirm the person in front of you matches the identity checked, and keep a copy of the output. IDSPs normally charge a fee, so compare providers.
Common mistake
Checking only the people who "seem foreign". Choosing who to check based on accent, name, appearance or nationality is discrimination. Check every new starter, at the same stage of recruitment, using the method that fits their documents or status.
Timing and follow-up checks
The check must happen before the person starts work. Many employers do it once a job offer has been accepted, as part of onboarding, so it never gets missed in the rush of a start date. Make the offer conditional on a satisfactory right to work check.
Some people have permission to work in the UK for a limited time, or with conditions, such as a cap on weekly hours. If the check shows a time limit, put the expiry date in your calendar and carry out a follow-up check before it runs out, or your statutory excuse may lapse. Check the current Home Office guidance for exactly when follow-up checks are needed and what to do if someone has an application pending.
Example
For example, imagine Bluebell Bakery, a made-up business hiring three seasonal staff for December. One is a British citizen with a passport, so the owner uses a manual check, copies the passport and dates the copy. The second has an eVisa and provides a share code, so the owner runs the online check and saves the result. The third has permission to work that expires next spring. The owner saves that check too and adds a calendar reminder for a follow-up check well before the expiry date. All three are checked the week before their first shift.
Records: what to keep and for how long
Your statutory excuse depends on records. For each employee, keep:
- Copies of the documents you checked, with the date of the check, or the online check result, or the IDSP output.
- Notes of any follow-up check dates.
- Evidence of who carried out the check and when, if more than one person handles hiring.
Keep these records for the whole time the person works for you, plus 2 years after they leave. Store them securely: they contain personal data, so UK GDPR applies. Limit access to the people who need it, and delete them once the retention period ends.
If you discover that a check was missed or done incorrectly for a current employee, do not panic and do not act hastily. Carry out a correct check as soon as possible, record what you found and the date, and take advice before making any decision about the person's job. Dismissing someone without a fair reason because of a paperwork gap on your side can create a separate employment claim.
Pro tip
Create one simple checklist or form for every new starter that records the method used, the date, who checked and any follow-up date. Store it in the employee's file with the copies. When an inspector or adviser asks, you can show your process in seconds.
Avoiding discrimination
The law requires right to work checks, and it also prohibits discrimination in recruitment. These two duties fit together if you follow one rule: treat everyone the same.
- Tell all candidates at the same point in the process that you will check their right to work.
- Do not ask about immigration status before you need to, and do not make assumptions based on nationality.
- Accept any valid method. Do not reject someone because they offer a share code rather than a passport.
- Do not refuse to employ someone because their permission is time-limited, if it covers the job.
Right to work check checklist
- Make job offers conditional on a satisfactory right to work check
- Check every new starter before their first day, the same way for everyone
- Use the right method: manual, online share code or IDSP
- Confirm the person matches the documents or online record
- Copy, date and store the evidence securely
- Diary any follow-up checks for time-limited permission
- Keep records for the employment plus 2 years, then delete
- Review the Home Office employer guidance at least once a year
Frequently asked questions
Do I need to check British employees?
Yes. You must check everyone, including British citizens. If you skip the check, you have no statutory excuse, and checking only some people risks discrimination claims.
Can I check documents over video?
For a manual check you need the original documents. You can see the person by live video, but you must have the originals in your possession when you check them. Online and IDSP checks are designed to work remotely.
What if a candidate cannot prove their right to work yet?
Do not let them start until the check is complete. If they have a pending application or appeal, the Home Office has a separate process for employers. Check the current guidance on GOV.UK.
Do right to work checks apply to contractors?
The civil penalty rules apply to employees. The position for self-employed contractors and workers supplied by agencies is different and can depend on the arrangement, so check the current guidance or take advice.
Related reading
The bottom line
Every UK employer must check every new employee's right to work before they start. Use a manual check, an online share code check or an IDSP check for British and Irish passports, keep the evidence for the employment plus 2 years, and set reminders for follow-up checks. A correct check gives you a statutory excuse against penalties of up to £45,000 per worker, or £60,000 for repeat breaches.
Make it a standard onboarding step for everyone, keep the records tidy and private, and read the latest Home Office guidance on GOV.UK when something unusual comes up.
