Right to work checks: How to conduct them and why

All employers are required to complete a right to work check before taking on any employees, workers or subcontractors in the UK. The process can be complex and the consequences for non-compliance severe.

Here we explain what employers need to do to conduct compliant right to work checks and to demonstrate that they have fulfilled their legal obligations.

What is a right to work check?

All employers in the UK have a responsibility to prevent illegal working. Each time they take on a new worker in the UK, they must carry a right to work check ensuring they are eligible to work in the UK.

These checks must be complete before the worker commences their employment. If not, the workers are subsequently found to be working illegally, and face potential fines of up to £60,000 per illegal worker, revocation of their sponsorship licence, and even imprisonment.

Who needs a right to work check?

Regardless of nationality, role or salary, all prospective employees should have their right to work checked prior to starting work.

Since 1 October 2026, these obligations have expanded beyond traditional contracts of employment, and now capture other workers, such as subcontractors, gig economy workers and casual workers.

For employers appointing agency workers, the primary responsibility for checking their right to work will usually rest with the organisation supplying them, although it is important that the employer checks their contract with the agency to establish this.

What is a statutory excuse?

By conducting an appropriate right to work check, an employer can establish a 'statutory excuse' against a civil penalty if an employee is later found to be working illegally. This allows the employer to avoid liability for employing the illegal worker.

Where the worker’s immigration status means they only have temporary leave to work in the UK, the employer must conduct a follow-up check prior the worker’s right to work status expiring.

How to conduct a right to work check

A right to work check can be carried out either manually, through the Home Office online right to work service, or through a digital identity check.

Manual right to work checks

When conducting a manual right to work check, the employer will need to:

• Obtain an original copy of the worker’s right to work document.

• Check the original document in the presence of the worker — in-person or video call.

• Make and keep a copy of the evidence.

Home Office online right to work service

Where the right to work status of a worker is held digitally (e.g. an eVisa) or those with status under the EU Settlement Scheme, an employer can conduct the right to work check using the Home Office online service. The worker should provide the employer with a right to work share code to enable them to access the records.

Checks should include that the photograph in the record match the worker and that there are no conditions on their right to work which would prevent them from taking the role.

Digital identity checks

For British and Irish citizens only, the employer can use a certified Digital Verification Service Provider to verify their right to work.

What documents are needed for a right to work check?

Employers must use an original copy of a document when conducting right to work checks. The documents are split into two categories, 'List A' and 'List B'.

List A documents prove a permanent right to work in the UK, while List B documents indicate that the worker has temporary permission to work.

Examples of List A and B documents

How to check the documents

Once the worker has provided their right to work documents, the employer must verify:

• The name, date of birth and other personal details on the document match those provided by the worker

• The photograph on the document looks like the worker

• How long the worker has permission to work for, and whether a follow-up check will be required

• If there are any restrictions on working hours, such as for those on a student visa

• The documents show no evidence of being tampered with.

What happens if an employee cannot prove their right to work?

If an employee is unable to prove their right to work, the employer will need to delay their employment.

The employer should use the Employer Checking Service provided by the Home Office. If the Employer Checking Service confirms that the worker has permission to work, a Positive Verification Notice will be issued giving the worker permission to work for six months and establishes a statutory excuse for the employer. Following the six-month period, the follow-up checks need to be scheduled.

If the Employer Checking Service says the worker does not have permission to work, they will issue a Negative Verification Notice. The employer must not employ (or continue to employ) the worker.

Common mistakes to avoid

Employers who get right to work checks wrong can have severe consequences. Common mistakes to avoid are:

• Accepting a driving licence as evidence: a driving licence can be used to prove a worker’s address, but cannot be used to prove right to work

• Accepting copies of documents: photocopies and screenshots are not acceptable substitutes for an original document. Documents must always be original.

• Using the wrong checking route: only British and Irish citizens are eligible for digital identity verification. Similarly, physical copies of digital evidence cannot be used in manual right to work checks.

• Failing to keep appropriate records: employers should keep clear, dated records of the evidence they checked during the worker’s employment and for two years after.

• Missing follow-up checks: employers should keep records of the length of a worker’s permission to work and schedule a follow-up check before it ends.