HR confirms Right to Work compliance before employment starts. It checks eligibility via Home Office routes: online checks with share codes, IDSP for British/Irish passports, or manual document inspection. HR records dates, outcomes, and keeps secure, non-editable copies for employment plus two years. It runs repeat checks for time-limited permissions, applies the TUPE 60-day grace period, and flags visa-linked role changes. Training, audits, and strong data protection reduce risks, fines, and sponsor licence issues. The essentials and practical steps follow next.
Why Right to Work Checks Matter for UK Employers
Right to work checks are a legal safeguard that protect UK employers from significant compliance risk.
They confirm an individual’s legal ability to work and support fair, consistent hiring under employment law. Carrying out checks for every candidate, regardless of nationality, shows compliance with immigration laws and helps avoid civil penalties that can reach £20,000 per illegal worker, and up to £60,000 in on-the-spot fines in serious cases.
Timely checks also provide a statutory defense under the Immigration, Asylum and Nationality Act 2006, protecting employers when they have followed prescribed steps before employment starts.
Non-compliance can lead to fines, reputational harm, and potential loss of sponsor licence. HR teams play a key role in setting rigorous, documented, repeatable processes.
Legal Framework and Home Office Guidance
Set against UK immigration law, right to work checks derive their authority from the Immigration, Asylum and Nationality Act 2006, reinforced by the Immigration Act 2016 and detailed Home Office guidance.
This legal framework obliges employers to verify every hire’s entitlement to work before employment commences and to maintain a statutory excuse against civil penalties.
Home Office guidance sets out three routes: manual checks of original documents, online checks via the Home Office service for most non-British and non-Irish nationals, and digital checks using certified IDVT providers.
Acceptable evidence sits in List A (permanent right) and List B (time-limited permission requiring follow-up).
Employers must securely retain copies for the duration of employment plus two years, complying with data protection laws.
Post‑Brexit, many EU/EEA citizens evidence status via online UK visa records.
How HR Conducts Online, IDSP and Manual Checks
How HR conducts online, IDSP and manual checks
For most hires, HR uses three Home Office-approved routes: the online service, digital identity checks via an Identity Service Provider (IDSP) using IDVT, and traditional manual verification. Using the online right to work route, candidates generate a share code; HR checks status against the Home Office record and matches the person present. With Identity Document Validation Technology, certified IDSPs conduct remote identity checks on British and Irish passports, while HR remains responsible for compliance. For manual checks, HR inspects original document(s), confirms likeness, validity, and work permissions before day one. Across all checks, HR records dates, outcomes, and follows guidance to secure a statutory excuse against civil penalties.
| Route | Key HR actions |
|---|---|
| Online | Verify share code; confirm identity; record check date |
| IDSP (IDVT) | Use certified provider; confirm identity match |
| Manual | Inspect originals; verify permissions |
| Governance | Follow Home Office guidance; note follow-up dates |
| Evidence | Retain records securely for compliance |
Document Types, Copying Standards and Record Retention
After setting the main checking routes—online, via an IDSP using IDVT, and manual—the next step is to know which documents are acceptable and how to capture and keep them lawfully.
Right to work documents fall into Lists A and B: List A confirms continuous permission; List B is time-limited and requires a follow-up before the expiry date or a positive verification notice.
For a manual check, keep legible copies of each document in full, both sides where applicable, showing personal and visa details.
Apply copying standards: create non-alterable files (for example, PDF), date and sign a declaration that the original was seen, and reference the employer’s guide to right to work checks.
Store records securely during employment and for two years after it ends.
Repeat Checks, TUPE Transfers and Complex Scenarios
Ongoing right to work compliance requires timely repeat checks, managing obligations during TUPE transfers, and handling role changes without creating gaps in statutory excuse.
For people with time-limited permission, repeat checks must be completed before expiry to preserve eligibility and compliance.
During TUPE transfers, new employers have a 60‑day grace period to complete right to work checks while safeguarding employment rights.
Core staff moving internally generally do not need new checks unless visa conditions or permissions change.
Re‑hires and hourly workers moving into core roles require fresh verification.
- Prioritise repeat checks for List B holders before expiry
- Use the TUPE 60‑day grace period to revalidate status
- Re‑verify re‑hired core staff
- Review role changes for visa restrictions
- Document outcomes to evidence compliance
Risks of Non‑Compliance and Practical Governance Steps
Even a single lapse in right to work checks can expose an employer to significant legal, financial, and operational risk.
The risks of non-compliance include civil penalties for employers of up to £20,000 per illegal worker and on-the-spot fines reaching £60,000, loss of sponsor licence, and potential criminal prosecution if illegal working is knowingly facilitated.
A statutory defence exists under the Immigration, Asylum and Nationality Act 2006 when employers conduct right to work checks correctly and on time.
Practical governance steps include: standardising processes that use the Employer Checking Service or an approved work checking service where appropriate; verifying immigration permission consistently; scheduling repeat checks; rigorous document retention; and audit trails.
Regular HR personnel training, clear policy ownership, and periodic internal audits support compliance and reduce exposure.
Frequently Asked Questions
Who Is Responsible for Conducting a Right to Work Check?
The employer is responsible. They must verify every new hire’s eligibility, usually via HR, using Home Office-approved methods, keep copies, train staff, and recheck time-limited permissions to avoid civil penalties of up to £60,000 per illegal worker.
What Are the Three Most Important HR Laws?
Three key UK HR laws: Equality Act 2010, Employment Rights Act 1996, and Data Protection Act 2018/UK GDPR. They guide fair hiring, lawful employment terms, and proper handling of personal data across HR processes.
Does a Right to Work Check Mean You Got the Job?
No. A right to work check only confirms legal eligibility to work in the UK. Hiring decisions still depend on qualifications, experience, references, interviews, and other screening such as DBS, BPSS, BS7858, FCA, and employer selection criteria.
What Are the Legally Required HR Policies in the UK?
They must maintain HR policies covering right to work checks, DBS and safeguarding where applicable, BPSS/BS7858 for vetted roles, FCA fitness and propriety, equality and diversity, GDPR-compliant data handling, recruitment and selection, whistleblowing, grievance/disciplinary, training, and record retention.
Conclusion
HR keeps compliance running. By managing Right to Work checks—online, through IDSPs, or in person—they maintain orderly records, track expiry dates, and refresh statuses. Tidy files and trained managers are more than formalities; they act as protection against awkward conversations, official letters, and an unwelcome visit. With enforcement pressure rising, consistent, auditable processes are good housekeeping—polite, predictable, and built to help everyone remain exactly where they should be.
