Right to Work Checks UK 2026: Complete Employer Guide

Every UK employer has a legal duty to prevent illegal working. If you employ someone who does not have the right to work in the UK, you face civil penalties of up to £60,000 per worker — and potential criminal prosecution. The good news is that establishing a statutory excuse is straightforward if you follow the correct process.

This guide walks you through exactly how to conduct compliant right to work checks, which documents to accept, and how to use the newer digital verification options.

The legal framework

Right to work checks are governed by the Immigration, Asylum and Nationality Act 2006. The Home Office publishes detailed guidance that is updated regularly, and employers are expected to follow the current version at the time of each check.

The principle is simple: before someone starts working for you, you must verify that they have the legal right to work in the UK. For some individuals, you need to repeat the check before their permission expires.

The three-step manual check process

For most employees, you will conduct a manual document-based check. This involves three steps, all of which must be completed before the employee's first day of work.

Step 1: Obtain original documents

The employee must provide you with original documents from one of two lists published by the Home Office.

List A documents prove an ongoing, unlimited right to work. If someone provides a valid List A document, you only need to check once — no follow-up checks are required.

List B documents prove a time-limited right to work. If someone provides List B documents, you must conduct a follow-up check before their permission expires.

Step 2: Check the documents in the presence of the holder

You must check each document with the holder present (in person or via live video call). Verify the following:

1. Photographs and dates of birth are consistent across documents and match the person presenting them
2. Dates of expiry — check the document has not expired (except UK/Irish passports)
3. Spelling of names is consistent across all documents. If names differ (for example, due to marriage), ask for supporting evidence such as a marriage certificate
4. Work restrictions — some visas limit the type or hours of work. Check that the role you are offering is permitted
5. Authenticity — look for signs of tampering, including photos that appear to have been replaced, inconsistent fonts, and damage around personal details

Step 3: Make and retain copies

You must take a clear copy of every document checked and record the date you made the check. For passports, copy every page that contains personal details, the holder's photograph, and any visa endorsements. For all other documents, copy both sides.

Retain copies for the duration of employment and for two years after employment ends.

Digital right to work checks

Since April 2022, employers can use Identity Service Providers (IDSPs) to conduct digital checks on British and Irish citizens who hold valid passports. This is optional — you can always use the manual process instead.

How IDSP checks work

1. You engage a certified IDSP (the Home Office publishes a list of approved providers)
2. The applicant uses the IDSP's app to scan their passport chip and take a selfie
3. The IDSP verifies the passport's authenticity and matches the biometric data to the selfie
4. You receive confirmation of the check and a digital record

Home Office online checking service

For employees with Biometric Residence Permits, Biometric Residence Cards, or status under the EU Settlement Scheme, use the Home Office online checking service at gov.uk. The employee generates a share code, which you enter along with their date of birth to view their right to work status.

This method provides a statutory excuse in the same way as a manual document check.

Follow-up checks

If an employee has a time-limited right to work, you must conduct a follow-up check before their permission expires. The process is the same as the initial check — obtain original documents, verify them, and retain copies with the date.

If the follow-up check reveals that the employee's right to work has expired and they have not applied to extend it, you cannot continue to employ them. If they have applied for an extension and are waiting for a decision, use the Home Office Employer Checking Service to verify their status.

Avoiding discrimination

Right to work checks must be conducted for every prospective employee, regardless of their appearance, accent, name, or nationality. Checking only people who "look foreign" is direct race discrimination under the Equality Act 2010.

Key rules to follow:

• Check every new employee, not just those you suspect may not be British
• Accept any document from the approved lists — do not insist on a passport if the person provides an alternative valid document
• Apply the same checking process consistently to all candidates
• Do not make assumptions based on someone's ethnicity or national origin
• Keep records showing you check everyone equally

Penalties for non-compliance

Civil penalties

The Home Office can issue civil penalties for employing someone without the right to work:

The penalty amount depends on factors including whether you reported suspicions, cooperated with the investigation, and have a history of non-compliance.

Criminal penalties

If you knowingly employ someone without the right to work, you face criminal prosecution with an unlimited fine and up to five years' imprisonment. "Knowingly" includes situations where you had reasonable cause to believe the person did not have the right to work but employed them anyway.

Building right to work checks into your onboarding process

Integrate the check into your standard hiring workflow. A practical approach:

1. At offer stage: Include a right to work check requirement in your offer letter. Explain which documents you need and provide the approved document lists
2. Before start date: Schedule the check to take place before or on the first day of employment. The check cannot be conducted more than 28 days before the employment start date
3. During onboarding: Complete the check, take copies, and record the date. If follow-up checks are needed, set reminders immediately
4. Ongoing: Review your follow-up check diary monthly to catch any upcoming expiry dates

For a complete onboarding process, see our guide on employment contract essentials — getting the contract right is equally important.

Frequently asked questions

Next steps

Key takeaways

Right to work checks are a non-negotiable part of UK employment. Follow the three-step process for every new employee, use digital checks where available, and set up follow-up reminders for time-limited permissions. The cost of compliance is minimal compared to penalties of up to £60,000 per illegal worker.

Integrate checks into your onboarding workflow and use our Payroll Tax Calculator to ensure your new hires are set up correctly from day one.