Right to Work explained

UK Right to Work Checks: The Complete Employer Guide

If you employ anyone in the United Kingdom, you are legally required to verify their right to work before their first day. This is not optional. Failing to carry out proper checks can result in a civil penalty of up to £60,000 per illegal worker as of 2024. For international employers unfamiliar with UK immigration law, the process can feel complicated, but it does not have to be.

This guide explains exactly what right to work checks are, which documents are acceptable, how digital and manual checks differ, and what happens if you get it wrong. It also covers how an Employer of Record handles these checks on your behalf, so you can focus on building your UK team without compliance headaches.

Agility EOR manages right to work checks as part of our Employer of Record service. For the broader picture on UK employment obligations, visit our UK employment law hub.

What Is a UK Right to Work Check and Why Does It Matter?

A UK right to work check is a document verification process that confirms a person has the legal right to work in the United Kingdom. Every employer, regardless of size or location, must carry out this check before a person starts work. The obligation comes from the Immigration, Asylum and Nationality Act 2006, specifically sections 15 to 25.

The check serves two purposes. First, it ensures employers are not knowingly or unknowingly hiring people who do not have permission to work in the UK. Second, it provides the employer with a "statutory excuse" against a civil penalty if it later turns out the worker did not have the right to work. In other words, if you do the check properly and the documents turn out to be fraudulent but appeared genuine, you have a defence.

For international employers, this is particularly relevant. If you are hiring remotely from outside the UK, you may not be familiar with UK immigration documents, visa categories, or the Home Office's online verification system.

Getting this wrong is expensive and reputationally damaging.

The key legislation governing right to work checks includes:

• Immigration, Asylum and Nationality Act 2006 (sections 15 to 25): creates the civil penalty regime
• ‍Immigration (Restrictions on Employment) Order 2007: defines the acceptable documents and the checking process‍

• Immigration (Restrictions on Employment and Residential Accommodation) (Codes of Practice) (Amendment) Order 2024: brought in updated codes of practice on right to work checks

Which Documents Prove the Right to Work in the UK?

There are two lists of acceptable documents, known as List A and List B.

List A documents prove a permanent, unrestricted right to work. These include:

• A UK passport or passport card (current or expired)
• A passport or national identity card from an EEA country or Switzerland showing the holder is a British or Irish citizen
• A current passport endorsed with an unrestricted right to work in the UK
• A certificate of registration or naturalisation as a British citizen
• A birth or adoption certificate from the UK, Channel Islands, Isle of Man, or Ireland, combined with an official document showing the holder's National Insurance number
• A current immigration status document issued by the Home Office with an endorsement confirming the right to work, combined with a document showing the holder's National Insurance number

If you verify a List A document correctly, you only need to do the check once. The statutory excuse lasts for the duration of employment.

List B documents prove a time-limited right to work. These fall into two groups:

• Group 1: A current passport endorsed with a time-limited right to work, or a current immigration status document from the Home Office with a time-limited endorsement. You must carry out a follow-up check before the earlier of the visa expiry date or 12 months after the first check.
• Group 2: A certificate of application from the Home Office, or a positive verification notice from the Home Office Employer Checking Service. These provide a statutory excuse for six months, after which you must carry out a further check.

Digital vs Manual Checks

Since 2022, employers have had three methods for conducting right to work checks:

Manual document checks. This is the traditional approach. The employee presents original documents, and the employer inspects them in person or via a live video call. The employer must verify the documents are genuine, the person presenting them is the same person in any photographs, and the dates of birth are consistent. The employer must make and retain copies of the documents.

Online checks using a share code. This is the preferred method for most visa holders. The employee generates a share code through the GOV.UK website, and the employer uses it at gov.uk/view-right-to-work to view the employee's immigration status online. Online checks cannot be faked in the same way physical documents can.

Identity Document Validation Technology (IDVT) checks. Since April 2022, employers can use certified Identity Service Providers (IDSPs) to verify British and Irish passport holders remotely using technology. This was introduced to make remote hiring easier for employers.

The safest approach for international employers is to use the online share code system wherever possible. It is faster, harder to defraud, and gives you a digital record of the check.

A few practical points worth noting about the IDVT route. If you use an IDSP to verify a British or Irish passport holder, the IDSP takes responsibility for confirming that the document is genuine and belongs to the person presenting it. However, you as the employer remain responsible for using the IDSP in the first place and for ensuring it is on the government's list of certified providers. If you use an uncertified provider, you do not get the statutory excuse.

One more thing that catches employers out: expired documents. A List A document does not need to be current to establish the statutory excuse, provided it proves a permanent right to work. A British passport that expired last year still proves the holder has the right to work. A visa that expired last year, however, does not. Know the difference.

Need help hiring UK workers from abroad? Our guide on EOR UK visa sponsorship explains how visa sponsorship works alongside employment.

What Are the Penalties for Employing Illegal Workers?

The penalties for getting right to work checks wrong are significant and have been increasing.

As of 2024, the civil penalty for employing a person who does not have the right to work in the UK is up to £60,000 per illegal worker, increased from £20,000 in February 2024. This is the maximum penalty per worker, so the total fine can be enormous if multiple workers are involved.

The penalty applies if you:

• Employ someone who is working in breach of their visa conditions
• Fail to carry out the correct right to work checks
• Fail to carry out follow-up checks for workers with time-limited permission

The Home Office also calculates penalties on a sliding scale based on previous offences:

• First breach within three years: £45,000 per illegal worker
• Subsequent breach within three years: £60,000 per illegal worker

In addition to financial penalties, employers who knowingly employ illegal workers face criminal prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006. The maximum penalty is five years' imprisonment and an unlimited fine.

The Home Office also publishes the names of employers who receive civil penalties, which creates serious reputational damage.

For international employers who want to understand how to comply with all UK employment obligations, explore our guide on hiring in the UK without an entity.

What Are Your Obligations as an Employer?

Your right to work obligations are threefold.

Before employment begins. You must carry out the right to work check before the employee's first day of work. You cannot start someone and check later. If you do, you lose the statutory excuse defence.

During employment. For employees with time-limited permission (List B documents), you must carry out follow-up checks before the permission expires. Failing to do so means you lose your statutory excuse from the point the previous permission expires.

Record keeping. You must retain copies of the documents you checked, in a format that cannot be altered (usually a dated photocopy or scan), for at least two years after the employment ends. You must also record the date the check was carried out.

Here is a practical checklist:

1. Request the employee's share code or original documents before their start date

2. Verify the documents using the appropriate method (online, manual, or IDVT)

3. Confirm the person presenting the documents is the same person in any photographs

4. Check the documents are genuine and unaltered

5. Check the dates are valid and consistent

6. Make a clear copy and record the date of the check

7. Store the copies securely for at least two years after employment ends

8. Set calendar reminders for any follow-up checks required

A word of caution: do not discriminate. The right to work check applies to everyone you employ, regardless of their nationality, ethnicity, or appearance. You cannot selectively check some people and not others. This discrimination itself is unlawful under the Equality Act 2010.

This does not mean you have no visibility. A good EOR will keep you informed about the status of checks and flag any issues. But the operational responsibility and legal liability are managed by experts who do this for a living.

For a complete understanding of how Agility EOR handles all UK employment compliance, visit our UK EOR service page.