Right to Work Check: Employer Guide 2026
What you need to know
- •Every employer must check every employee's right to work before employment starts.
- •Penalties for non-compliance are up to £60,000 per illegal worker.
- •Three methods: manual document check, Home Office online service, or IDVT.
- •A proper check gives you a statutory excuse (legal protection) against penalties.
- •Follow-up checks are required for employees with time-limited right to work.
Right to work checks are a legal requirement for all UK employers. You must verify every employee's right to work before they start. There are three methods: manual document checks, the Home Office online service, and Identity Document Validation Technology (IDVT). Proper checks give you a statutory excuse against penalties. This guide covers all three methods and common compliance issues.
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Why Right to Work Checks Matter
Every UK employer, regardless of size, is legally required to check that their employees have the right to work in the UK before employment begins. This applies to all employees, not just those who appear to be from overseas. The requirement is set out in the Home Office employer's guide on GOV.UK.
The consequences of getting it wrong are severe. Civil penalties of up to £60,000 per illegal worker apply. In the most serious cases (knowingly employing someone without the right to work), criminal prosecution with up to 5 years in prison is possible.
Conducting proper checks also protects you. If you follow the correct process and it later turns out an employee did not have the right to work, your statutory excuse protects you from a civil penalty.
The Three Methods of Checking
There are three ways to conduct a right to work check. The method you use depends on the employee's circumstances:
1. Manual Document Check
The traditional method. You physically examine the employee's original documents, check they are genuine, take copies, and retain them.
This method can be used for all employees. It involves:
- Obtain: Ask the employee to provide original documents from the acceptable documents lists (List A or List B, published by the Home Office).
- Check: Verify the documents are genuine, belong to the person presenting them, and allow the person to do the work you are offering. Check photographs, dates of birth, expiry dates, and that the documents have not been tampered with.
- Copy: Make a clear copy of each document. For passports, copy the photo page and any pages with visa stamps or endorsements.
- Record: Note the date the check was made. Retain copies for the duration of employment and for 2 years after employment ends.
2. Home Office Online Service
The online service allows you to check an employee's right to work digitally. It can be used when the employee has:
- A Biometric Residence Permit (BRP)
- A Biometric Residence Card (BRC)
- EU Settlement Scheme status (settled or pre-settled)
- An e-visa (digital immigration status)
The employee generates a "share code" through the GOV.UK prove your right to work service. You enter the share code and the employee's date of birth on the employer checking service to verify their status. Save or print the result as your record.
3. Identity Document Validation Technology (IDVT)
IDVT allows checks to be conducted remotely using technology that verifies identity documents digitally. This method can only be used for British and Irish citizens with valid passports (or Irish passport cards).
Employers can use an Identity Service Provider (IDSP) certified to conduct these checks. The IDSP verifies the passport digitally and confirms the person's identity. This is useful for remote hiring.
Acceptable Documents
The Home Office publishes two lists of acceptable documents:
List A: Unlimited Right to Work
Documents that prove an ongoing, unrestricted right to work. Includes:
- UK or Irish passport
- Certificate of registration or naturalisation as a British citizen
- Permanent residence card (EU nationals settled before Brexit)
If you check a List A document, you establish a continuous statutory excuse for the entire duration of employment. No follow-up check is required.
List B: Time-Limited Right to Work
Documents that prove a time-limited right to work. Includes:
- Current passport with a valid visa endorsement
- Biometric Residence Permit
- Certificate of Application (for EU Settlement Scheme)
- Positive Verification Notice from the Home Office Employer Checking Service
If you check a List B document, your statutory excuse lasts until the permission expires. You must conduct a follow-up check before the expiry date.
Follow-Up Checks
If an employee has time-limited right to work, you must conduct a follow-up check before their current permission expires. If the employee has applied for an extension and is waiting for a decision, they may have a Certificate of Application or Positive Verification Notice. Check the Employer Checking Service on GOV.UK if you are unsure about a document.
Set diary reminders for follow-up checks. Missing a follow-up check means you lose your statutory excuse, even if the original check was done correctly.
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The Statutory Excuse
The statutory excuse is your legal protection. If you conduct a proper right to work check (correct method, correct timing, copies retained) and the employee later turns out not to have the right to work, you are protected from a civil penalty.
To maintain the statutory excuse:
- Conduct the initial check before employment starts (not on the first day of work, but before)
- Use the correct method and check the right documents
- Retain clear copies of all checked documents
- Conduct follow-up checks for time-limited right to work before permission expires
- Keep records for the duration of employment plus 2 years after the employee leaves
Penalties for Non-Compliance
The penalties for employing someone without the right to work are significant:
- Civil penalty: Up to £60,000 per illegal worker. The exact amount depends on factors including whether you have a statutory excuse, your cooperation with the investigation, and whether it is a first or repeat offence.
- Criminal prosecution: If you knowingly employ someone without the right to work, you can face a prison sentence of up to 5 years and/or an unlimited fine.
- Sponsor licence revocation: If you hold a sponsor licence, employing illegal workers can lead to your licence being revoked, affecting all your sponsored employees.
- Reputational damage: The Home Office publishes details of employers who receive civil penalties.
Avoiding Discrimination
Right to work checks must be applied equally to all job applicants and employees, regardless of nationality, ethnicity, or appearance. You must not:
- Check only people who "look foreign" or have foreign-sounding names
- Ask for more documents than necessary from certain employees
- Refuse to accept valid documents because the employee is from a particular country
- Treat people differently based on their immigration status (beyond what the law requires)
Discrimination in right to work checks can lead to complaints under the Equality Act 2010 and damage to your reputation as an employer.
Remote and Hybrid Workers
If you are hiring remotely, the method you use depends on the employee's status:
- British/Irish citizens: Use IDVT through an Identity Service Provider. This can be done entirely remotely.
- People with share codes: Use the online checking service. This is also fully remote.
- Everyone else: Manual document checks must be done in person. If you cannot meet the employee in person before they start, you may need to arrange a video call combined with posting original documents, but this must comply with the Home Office guidance.
Record Keeping
Good record keeping is essential for maintaining your statutory excuse:
- Keep clear, legible copies of all checked documents
- Record the date of each check
- Store records securely (physical or digital, but must be accessible)
- Retain records for the duration of employment plus 2 years after the employee leaves
- Be able to produce records quickly if requested by the Home Office
Many employers use HR software to manage right to work records and set automatic reminders for follow-up checks. Whatever system you use, ensure it meets the Home Office requirements.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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