Right to work checks in the UK.

Why right to work checks matter

Every UK employer must check that a new hire is allowed to work before they start. If you do not carry out the check, or you do it incorrectly, you can face a civil penalty of up to £60,000 per illegal worker and possible criminal prosecution in serious cases. The good news is that a proper check, done at the right time and recorded clearly, gives you a statutory excuse if something later turns out to be wrong.

When to do the check

You must check right to work before the person starts employment. You can also check during the recruitment process, but the key deadline is before work begins. For existing employees, you only need to recheck if their permission to work is time-limited — in which case the follow-up check is due shortly before their permission expires.

Who needs to be checked

You should check every employee, regardless of where they were born or how long you expect them to stay. That includes British and Irish citizens, people with settled or pre-settled status, visa holders, students with work restrictions and anyone working on a casual or zero-hours basis. Contractors and self-employed people are normally the responsibility of their own employer or intermediary, but it is worth confirming the arrangement in writing.

How to carry out a manual check

1. Ask for the original document. Check it in the presence of the holder, in person or via live video call.
2. Check it is genuine. Look for signs of tampering, make sure photographs match the person, and confirm dates of birth are consistent across documents.
3. Check the permission. Make sure the document allows the type of work you are offering and is not expired, unless the guidance says expired documents are acceptable for that category.
4. Keep a clear record. Make a copy, note the date of the check, and record who carried it out.

Documents you can accept

The exact documents depend on the person's immigration status. The lists below cover the most common situations. Always refer to the latest GOV.UK right to work checklist for the current version.

Online checks

Many people now prove their right to work through the Home Office online service. The employee gives you a share code, which you enter on the GOV.UK right to work page to see their status. You must keep a copy of the online check result for the duration of their employment and for two years afterwards.

Common mistakes

• Doing the check after the person has already started work.
• Accepting a photocopy or photograph without seeing the original document, unless you are using an approved online check.
• Forgetting to record the date the check was made and who made it.
• Not following up on time-limited visas before they expire.
• Assuming a National Insurance number alone proves right to work.

Need help getting this right?

If you are unsure whether your current process is robust, or you would like a simple right-to-work policy and checklist for your organisation, we can help. We also provide a ready-to-use Right to Work Check Record template as part of our Business Essentials range.

Important: This guide is for general information only and does not replace legal advice on your specific situation. Immigration rules and Home Office guidance change, so always check the latest official guidance before making employment decisions.