How to Conduct a Right to Work Check in the UK

Why Right to Work Checks Matter

Employers in the UK have a legal duty to prevent illegal working under the Immigration, Asylum and Nationality Act 2006. Conducting a compliant right-to-work check before an employee starts work provides you with a "statutory excuse" -- a legal defence against a civil penalty if the employee is later found to be working illegally.

Without a valid check, employers face civil penalties of up to £60,000 per illegal worker (as of 2024 penalty increases) and potential criminal prosecution for knowingly employing someone without the right to work.

Three Methods of Checking

Method 1: Manual Document Check

The traditional approach, still valid for all workers:

1. Obtain the employee's original documents from the approved list (List A or List B from the Home Office employer's guide)
2. Check the documents are genuine, belong to the person presenting them, and allow them to do the work you are offering
3. Copy the documents (a clear, legible scan or photocopy of every page)
4. Record the date the check was made on the copy
5. Store copies securely for the duration of employment plus 2 years

List A documents (prove permanent right to work -- single check needed):

• UK or Irish passport
• Certificate of naturalisation or registration as a British citizen (with passport or Home Office letter)

List B documents (prove time-limited right to work -- follow-up checks needed):

• Biometric Residence Permit
• Visa in a passport
• Immigration status document

Method 2: Home Office Online Checking Service

For employees who have:

• A Biometric Residence Permit or Card
• A visa granted through the UK Immigration: ID Check app
• A status under the EU Settlement Scheme
• A frontier worker permit
• An eVisa

The employee provides you with a share code (generated at gov.uk/prove-right-to-work) and their date of birth. You enter these into the online service, which confirms their right to work status. Save or print the confirmation as your record.

Method 3: Identity Service Provider (IDSP)

Since April 2022, employers can use certified IDSPs to conduct digital identity checks for British and Irish citizens only. The IDSP uses Identity Document Validation Technology (IDVT) to verify the employee's passport or other document remotely.

Timing

• The check must be completed before the employee starts work
• There is no specific time limit before the start date, but checks should be close to the employment start date to be current
• For time-limited permissions (List B), you must conduct follow-up checks before the previous permission expires

Follow-Up Checks

If an employee has time-limited right to work (List B documents), you must conduct a repeat check before their permission expires. If you do not, you lose your statutory excuse from that date.

Common Mistakes

• Checking after the start date: The check must be completed before the first day of work. Backdating checks provides no statutory excuse.
• Accepting photocopies: You must see original documents (for manual checks). Photocopies or scans sent by the employee are not sufficient.
• Discriminating: Do not make assumptions about someone's right to work based on their nationality, accent, or appearance. Check all employees equally.
• Not keeping records: Without a dated copy of the documents checked, you have no evidence of having conducted the check.
• Forgetting follow-up checks: For time-limited permissions, missing the follow-up check date means losing your statutory excuse.

How Grove HR Helps

Grove HR includes right-to-work check workflows in the onboarding process. The system tracks document types, expiry dates for time-limited permissions, and sends automated reminders when follow-up checks are due. All document copies are stored in GDPR-compliant encrypted storage with the check date automatically recorded.