UK employers must carry out consistent pre-employment right to work checks for all hires, using approved methods: manual checks of original documents, Home Office online checks for digital statuses, or certified IDVT via Identity Service Providers. Re-checks are required where permission is time-limited, with diary controls before expiry. Keep clear copies, record check dates and the checker’s name, and retain records during employment plus two years. Apply the same process to everyone to avoid discrimination and penalties up to £60,000. Further essentials follow.
Why Right to Work Checks Matter for UK Employers
Right to work checks are a statutory duty for every UK employer and a key control against illegal working. They verify eligibility and provide a statutory excuse against civil penalties where documents show a worker’s legal right to work.
Employer responsibilities apply to permanent, temporary, seasonal, contractor, and volunteer roles, reflecting employment law requirements and the need to prevent illegal working across the workforce.
Beyond avoiding fines of up to £60,000 per illegal worker, thorough right to work checks protect business continuity by reducing risks of enforcement action, licence revocation, or closure orders.
Strong compliance also signals reputable hiring practices, reassuring clients, regulators, and employees. Systematic checks support good governance, standardise onboarding, and promote fair, consistent decision‑making across all appointments.
When a Right to Work Check Must Be Carried Out
Every UK employer must complete a Right to Work check before any individual starts work—covering permanent, fixed-term, part-time, agency, contractor, seasonal, and casual appointments. The check must be performed on every prospective employee to verify eligibility and avoid liability. Employers must conduct checks again if permission to work is time-limited, or if the person’s immigration status changes during employment. Failure to conduct checks before day one can trigger civil penalties, including fines up to £45,000 for a first illegal worker. Employers should track documentation and diarise follow-up dates. Where roles involve volunteers or unpaid interns, a right to work check may still be prudent to evidence compliance.
| Trigger | Action | Risk |
|---|---|---|
| Pre-start | Conduct checks | Liability |
| Time-limited leave | Repeat check | Civil penalties |
| Status change | Re-verify | Liability |
| Rehire | Fresh check | Civil penalties |
Types of Right to Work Checks Available
Having established when checks must take place, the next point is how employers can lawfully complete them. There are three routes.
- Manual checks: conduct face-to-face verification of original documents from the Home Office’s acceptable documents (Lists A or B), confirm likeness, and record dates to secure a statutory excuse.
- Online checks: mandatory for holders of biometric residence cards and other eVisas, using the Home Office online service with a share code and date of birth; results must be retained.
- Identity Document Validation Technology for British and Irish passport holders: employers may use certified Identity Service Providers to validate identity remotely.
For all methods, keep clear records during employment and for two years after it ends to preserve compliance and the statutory excuse.
How to Perform a Compliant Manual Check
How to Perform a Compliant Manual Check
Start with the Home Office Lists A and B. A compliant manual check requires the employer to inspect original documents face to face or via live video, confirming they are genuine, unaltered, and relate to the individual. This confirms identity, right to work, and any limits on the work allowed. The employer must record the date, the checker’s name, and the result, take clear copies, and keep them securely for the period of employment plus two years. Do not accept clipped or tampered passports or any document outside the accepted lists. Note any restrictions and diarise follow-up dates for repeat checks.
| Step | Key action |
|---|---|
| Identify | Select the correct Home Office documents from Lists A or B |
| Verify | Match the person’s appearance, check document integrity, confirm permissions |
| Record | Date, checker, clear copies, retention period, and compliance notes |
Using an Identity Service Provider With IDVT
Many employers now use Identity Document Validation Technology (IDVT) via an accredited Identity Service Provider to verify British and Irish citizens holding valid passports.
This method aligns with Home Office guidance and supports a statutory excuse when carried out correctly. Employers should choose a certified Identity Service Provider (IDSP), confirm processes meet IDVT standards, and keep clear records of checks.
Evidence must be kept for the length of employment and two years after. Remote verification reduces administration while maintaining compliance with immigration laws.
A statutory excuse is preserved where the employer has a reasonable belief the IDSP followed required procedures.
These steps reduce illegal working risks and streamline onboarding without compromising assurance.
Conducting a Home Office Online Check
Many non-British and non-Irish nationals hold digital immigration status.
Where they have eligible documents such as a biometric residence permit or a frontier worker permit, the Home Office online check is the mandated way to confirm their right to work. The employer asks the individual for a share code and date of birth, then uses the online check to verify their right to work.
They must carefully match the photograph and identity details with the person presenting, including checking biometric residence permits where applicable. Employers must keep evidence of the online check—typically the profile page—for the duration of employment plus two years.
If the individual cannot verify online, the Employer Checking Service may confirm status and issue a Positive Verification Notice, giving a six‑month statutory excuse.
When to Use the Employer Checking Service
Occasionally, right to work evidence cannot be produced in the usual way. This is when the Employer Checking Service (ECS) should be used.
Use the ECS when a candidate lacks valid evidence, such as a share code or acceptable document, because their immigration documents are with the Home Office, or they are awaiting a visa decision, administrative review, or appeal. The employer must register for the Employer Checking Service, submit accurate personal details for the candidate, and confirm the planned employment.
If the Home Office confirms ongoing permission, it will issue a positive verification notice. This provides a six‑month statutory excuse against civil penalties while the individual’s immigration status is verified.
ECS acts as a safeguard within right to work checks where routine methods are unavailable or inconclusive.
Follow‑Up Checks for Time‑Limited Permission
Follow‑Up Checks for Time‑Limited Permission
Initial right to work clearance may be valid at the start of employment, but follow-up checks are mandatory for anyone with time-limited permission to confirm their ongoing eligibility. Employer duties include scheduling checks on or before visa expiry dates, using the online checking service, and recording outcomes. Where evidence is unavailable due to a pending application, contacting the Employer Checking Service for a Positive Verification Notice gives a six‑month statutory excuse against civil penalties, provided further checks are completed before expiry. Systems that track visa expiry dates, send alerts, and capture evidence help maintain eligibility and avoid illegal working.
| Step | Action | Outcome |
|---|---|---|
| 1 | Track visa expiry dates | Timely follow-up checks |
| 2 | Use online checking service | Confirm right to work |
| 3 | Request ECS where needed | Positive Verification Notice |
| 4 | Diary next check | Maintain statutory excuse |
Penalties, Record‑Keeping and Avoiding Discrimination
Significant financial exposure and legal risk sit behind right to work compliance, with civil penalties now up to £60,000 per illegal worker (£45,000 for a first offence). A civil penalty can be avoided if right to work checks are completed correctly and evidence is retained to establish a statutory excuse.
Robust record-keeping is central: employers should securely store clear copies of documentation, note who checked them, and record the date of each check for the duration of employment and at least two years after it ends.
Consistent processes reduce discrimination risks. Apply identical right to work checks to all candidates, irrespective of nationality or appearance.
Follow current Home Office guidance on acceptable documents and online checks. Employer responsibility includes periodic policy reviews, training, and audit trails to maintain compliance.
Frequently Asked Questions
What Is the Employer Checking Service for the Right to Work Check?
The Employer Checking Service is a Home Office tool used to confirm an individual’s right to work when standard documents or a share code are not available. If the check is successful, it issues a Positive Verification Notice, which gives a six‑month statutory excuse while the person’s immigration status is being confirmed.
What Are the Legal Responsibilities of Your Employer?
Employers must verify identity and right to work, follow Home Office guidance, keep dated copies of documents, prevent discrimination, run DBS/BPSS/BS7858 or FCA checks where required, comply with data protection law, track visa expiry and recheck status, report concerns to authorities when required, and apply safe hiring practices to meet UK legal duties.
What Are the Guidance on Right to Work Checks?
Verify entitlement using Home Office List A or List B via manual, online, or IDVT checks. Copy documents, mark the date, and keep records for the duration of employment plus two years. Non-compliance can lead to penalties up to £60,000 per worker and reputational harm.
What Are the Responsibilities of the Right to Work Employer?
Employers must check every hire’s right to work using approved methods, keep secure copies, diarise follow‑up for time‑limited permission, prevent illegal working, train staff, maintain policies, and cooperate with the Home Office, avoiding civil penalties up to £60,000 and potential criminal liability.
Conclusion
The article closes by stating that compliant Right to Work checks guide employers through a changing immigration landscape. By knowing when checks are required, choosing the correct method, and keeping accurate records, HR and compliance teams can avoid civil and criminal penalties while supporting fair recruitment. Like a well‑tuned engine, consistent processes—manual, online, or via IDVT—keep operations running smoothly. Regular follow‑ups, ECS use when needed, and GDPR‑aligned data handling complete a resilient compliance framework.
