Right to Work Checks UK: Complete Employer Guide [2026 Update]

Quick Answer: How Do I Conduct a Right to Work Check?

You must check original documents proving the person's right to work in the UK before their first day of employment. You can do this manually (in person), via an Identity Service Provider (IDSP) for British and Irish citizens, or via the Home Office online checking service for those with a share code.

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Why Right to Work Checks Matter

Under the Immigration, Asylum and Nationality Act 2006, employers face severe penalties for employing someone who does not have the right to work in the UK:

Conducting a proper right to work check establishes a statutory excuse against liability. Without this excuse, you are liable even if you genuinely did not know the person was working illegally.

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Step 1: Determine the Right Check Method

Manual Document Check (In Person)

This is the default method available for all workers. You must:

1. Obtain original documents from the Home Office's published lists (List A or List B)
2. Check them in the presence of the holder -- you must see the originals, not copies
3. Verify the documents are genuine, relate to the person, and allow them to do the work in question
4. Make a clear copy (scan or photocopy) and record the date of the check
5. Retain the copy securely for the duration of employment and for 2 years after employment ends

Acceptable Documents

List A documents establish an ongoing right to work (single check needed):

• UK or Irish passport (current or expired)
• Certificate of registration or naturalisation as a British citizen
• Birth or adoption certificate issued in the UK, Channel Islands, Isle of Man, or Ireland (combined with an NI number)

List B documents establish a time-limited right to work (follow-up checks required):

• Current passport with valid visa or endorsement
• Biometric residence permit (BRP)
• Frontier worker permit
• Immigration status document with valid endorsement

Identity Service Provider (IDSP) Digital Check

Since April 2022, British and Irish citizens with valid passports can be checked digitally through a certified Identity Service Provider. The IDSP uses identity document validation technology (IDVT) to verify the passport remotely.

• The employer does not need to see the original document
• The IDSP provides a report confirming the check
• Retain the IDSP report as your statutory excuse

Home Office Online Checking Service

For individuals with a biometric residence permit, biometric residence card, or eVisa:

1. Ask the individual for their share code from the GOV.UK prove your right to work service
2. Enter the share code and the individual's date of birth at the employer checking service
3. The system confirms their right to work status
4. Save or print the online profile page as evidence

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Step 2: Timing

• Before the first day of employment -- you must complete the check before the person starts work
• If the person cannot provide documents before their start date, you must not allow them to start until the check is complete
• For List B documents with an expiry date, you must conduct a follow-up check before the permission expires

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Step 3: Record Keeping

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Common Mistakes Employers Make

• Checking documents after the start date -- the statutory excuse only applies if the check is done before employment begins
• Accepting photocopies or scanned documents instead of originals (unless using IDSP or online service)
• Not recording the date of the check on the copy
• Discriminating by only checking certain employees -- you must check all employees regardless of nationality or appearance
• Failing to conduct follow-up checks for time-limited permissions
• Not checking the document matches the person presenting it
• Destroying records before the 2-year retention period ends

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Avoiding Discrimination

The Equality Act 2010 and the Immigration, Asylum and Nationality Act 2006 Code of Practice require you to:

• Check all prospective employees, not just those who appear to be foreign nationals
• Accept any valid document from the published lists -- do not insist on a specific document (e.g., do not demand a passport when a birth certificate plus NI number is equally valid)
• Not make assumptions about a person's right to work based on their name, accent, appearance, or nationality
• Treat all candidates equally throughout the recruitment process

Failure to follow these principles can result in a discrimination claim in addition to any immigration penalties.

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What Changed in 2024-2025?

• BRPs expired on 31 December 2024 -- holders should now have an eVisa and be checked via the online service
• ISDPs continue to expand -- more certified providers available for digital passport checks
• Civil penalty amounts increased significantly from the previous £15,000/£20,000 levels

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Using Grove to Track Right to Work Checks

Grove stores right to work check records against each employee profile, with automatic reminders for follow-up checks when time-limited permissions are approaching expiry. Never miss a follow-up check again.

Get started with Grove and simplify your right to work compliance.