When must an employer do a right to work check?

The check should be completed before the employee starts work. That timing is critical to establishing a statutory excuse against civil penalty liability.

Can employers photocopy documents as proof?

Employers must keep records in line with the route used and the Home Office guidance. A simple photocopy alone may not be enough if the correct checking route was not followed.

Do all employees need a right to work check?

Employers should carry out the process consistently for all relevant hires to avoid both illegal working exposure and discrimination risk. The exact route may differ by individual status.

Right to Work Check UK: Employer Guide 2026

Q: What is the penalty for getting it wrong?

Civil penalties for illegal working can be severe and can reach up to £60,000 per illegal worker in serious cases. There may also be reputational and operational consequences.

Right to work check UK employer guide searches are driven by risk. The Home Office guidance in force for checks conducted on or after 12 February 2025 explains how employers establish a statutory excuse, and civil penalties for illegal working can reach up to £60,000 per illegal worker in serious cases.

This guide explains what a right to work check is, when employers must carry one out, the difference between manual, digital and online checks, and how to keep records that protect the business.

What is a right to work check in the UK?

A right to work check is the process an employer follows to confirm that a person is allowed to do the work on offer in the UK. Done correctly and at the right time, it can establish a statutory excuse against a civil penalty if the worker later turns out not to have permission to work.

Timing matters

A right to work check must be completed before employment starts. A perfect check done late is still risky because the statutory excuse may not arise as intended.

What methods can employers use?

a manual document check where permitted
an online Home Office right to work check where the worker provides a share code
an Identity Document Validation Technology route for certain eligible British and Irish passport holders via a certified provider

What do employers need to keep on file?

The employer must keep a clear record of the check, the date it was made and copies or evidence in the format required by the route used. Recruitment teams should align this with Employment Contract Essentials UK, UK Employee Background Checks Guide and onboarding procedures.

Do not make discriminatory assumptions

Employers must apply right to work checks consistently to all relevant hires. Targeting people because of accent, nationality or appearance risks discrimination claims under the Equality Act 2010.

When are follow-up checks needed?

Follow-up checks may be required where the worker has time-limited permission to work. The check should be diarised well before expiry so the employer can review status in time and avoid a compliance gap.

Right to work checks and TUPE

The Home Office guidance also covers what happens under TUPE. Where staff transfer, employers should understand the timing rules for establishing a statutory excuse after the transfer and coordinate that with TUPE Regulations Explained Simply and the TUPE Consultation Letter Template.

How should small businesses build this into hiring?

A strong process starts before offer stage. Use the job offer pack, onboarding checklist and HRIS workflow to require the check before a start date is confirmed. Keep a central register of expiry dates for time-limited permissions.

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Use one consistent checklist

A single onboarding checklist for every hire is the simplest way to reduce both illegal working risk and discrimination risk.

Right to work check employer checklist

Complete the check before employment starts.
Use the correct route: manual, online or certified digital route.
Keep evidence and the date of the check.
Diarise follow-up checks for time-limited permission cases.
Apply the process consistently to all hires.
Train managers not to improvise document decisions.
Link the process to Right to Work Checks UK Guide and New Employee Onboarding Checklist UK.

Frequently asked questions

Free Template: Right to Work Employer Checklist

A practical onboarding checklist for checks, records and follow-up dates.

right-to-work-checklist.pdf

Key takeaways

A right to work check UK employer guide must do more than list documents. Employers need a repeatable, dated process that establishes a statutory excuse, avoids discrimination and captures follow-up checks on time. This page should sit alongside onboarding, TUPE guidance and Right to Work Checks UK Guide.