Right to work checks are one of the most important compliance tasks for any UK employer, regardless of size. Getting them wrong can lead to significant civil penalties — and in serious cases, criminal prosecution. The good news is that the process is straightforward once you know the steps.

This article is general information, not legal advice. Employment and data rules change, so always check the latest guidance on GOV.UK or speak to a qualified adviser.

Why Right to Work Checks Matter

Under the Immigration, Asylum and Nationality Act 2006, every employer in the UK must check that each employee has the legal right to work here before they start. If you employ someone who does not have the right to work and you cannot show you carried out a compliant check, you could face a civil penalty. The penalty per illegal worker can be substantial — check the current maximum on GOV.UK, as the Home Office reviews these figures periodically.

Performing a compliant check gives you a statutory excuse. This means that even if a worker later turns out not to have the right to work, you will not be penalised, provided you followed the correct process in good faith.

The Three Types of Check

There are currently three ways to conduct a right to work check in the UK. Which one you use depends on the employee's circumstances.

1. Manual Document Check

This is the traditional method. You ask the employee to provide original documents from the Home Office's approved lists (List A or List B), check them in the employee's presence, and keep a copy.

Step by step:

  1. Ask the employee for acceptable documents — acceptable lists are published on GOV.UK
  2. Check the documents are genuine, unaltered, and belong to the person in front of you
  3. Make a clear copy (photocopy or scan) of each document
  4. Record the date you carried out the check on the copy
  5. Store the copy securely for the duration of employment and for two years after it ends

A British or Irish passport, or a birth certificate combined with a National Insurance number letter, are common List A documents giving an ongoing right to work. List B documents have an expiry date and require a follow-up check.

2. Online Share Code Check (Home Office Online Service)

Employees who have a Biometric Residence Permit, settled or pre-settled status under the EU Settlement Scheme, or certain other digital immigration statuses can generate a share code from the Home Office's online service. You then enter the share code along with their date of birth at gov.uk/view-right-to-work.

Step by step:

  1. Ask the employee to go to gov.uk/prove-right-to-work and generate a share code
  2. The code is valid for 90 days — ask for it before the start date
  3. Visit gov.uk/view-right-to-work, enter the code and date of birth
  4. View the result with the employee present and confirm the photo matches
  5. Save or print the result page showing the date you checked

You cannot use a manual document check as an alternative for someone who holds only a digital immigration status — the online check is the only valid method for them.

3. Identity Document Validation Technology (IDVT)

Since 2022, employers can use certified Identity Document Validation Technology providers to check the right to work of British and Irish citizens remotely using their passport. This is useful if you hire remotely or want a digital workflow.

You must use a provider certified by the UK Digital Identity and Attributes Trust Framework. Check GOV.UK for the current list of certified providers. The IDVT provider carries out the document check on your behalf; you must still keep the result as evidence.

When to Recheck: Time-Limited Permissions

Not all checks last indefinitely. If an employee has time-limited permission to work (their document is on List B, or their online check shows an expiry date), you must recheck before that permission expires.

  • Diarise follow-up checks well before the expiry date — at least one month before is sensible
  • If a recheck fails or the employee cannot provide updated evidence, seek HR or legal advice immediately before taking action
  • Keep records of every check you carry out, including repeat checks

What Records to Keep

Good record-keeping is what turns a check into a statutory excuse. At a minimum, keep:

  • A copy of every document checked (both sides if relevant)
  • The date you carried out the check, written on or attached to the copy
  • The result of any online check, saved with the date visible
  • Notes of any follow-up checks for time-limited workers

Store records securely — they contain personal data and must be handled in line with UK GDPR. Keep them for two years after the employment ends, then dispose of them securely. For more on data obligations, see our post on GDPR basics for small businesses.

A five-minute check before someone starts could save your business from a very large fine. There is really no good reason to skip it.

Common Mistakes to Avoid

  • Checking after the start date. The check must happen before the employee begins work, not on their first day or shortly after.
  • Accepting photocopies instead of originals. For manual checks, you must see original documents.
  • Not checking the photo matches. Always confirm the document belongs to the person in front of you.
  • Forgetting to recheck. Time-limited permissions need a follow-up — set a reminder.
  • Inconsistent checks. Carry out the same process for every new hire. Inconsistency can look like discrimination.

Your Right to Work Checklist

  1. Decide which check type applies before the new starter's first day
  2. For manual checks: see original documents, copy both sides, note the date
  3. For share code checks: use the official GOV.UK service, save the result with the date
  4. For IDVT checks: use a certified provider, keep the result
  5. Confirm the photo or details match the individual
  6. Store the record securely for the duration of employment plus two years
  7. Set reminders for any time-limited permissions that need rechecking