Right to Work Checks: UK Employer Guide

All UK employers have a legal duty to prevent illegal working. Conducting proper right to work checks provides you with a "statutory excuse" - protection against civil penalties if an employee is later found to be working illegally.

When to Conduct the Check

You must complete the right to work check before the person starts work. There are no exceptions to this rule.

If you conduct the check after employment has started, you won't have a statutory excuse, even if the person has the right to work.

Three Methods of Checking

There are three ways to verify right to work:

1. Manual Document Check

• See the original documents in person
• Check they're genuine, unaltered, and belong to the person
• Take a clear copy (scan or photo)
• Record the date of the check
• Keep records for at least 2 years after employment ends

2. Online Check (via Share Code)

• The employee provides a share code from the Home Office
• You verify their status at gov.uk/view-right-to-work
• Save the result as a PDF or print it
• Only works for people with an immigration status that can be checked online (biometric cards, eVisas)

3. Identity Service Provider (IDSP)

• Use a certified identity verification service
• Only works for British and Irish citizens
• The IDSP verifies identity digitally
• You receive a certification of the check

Penalties for Non-Compliance

Offence	First Breach	Repeat Breach
Civil penalty	Up to £45,000	Up to £60,000
Criminal prosecution	Up to 5 years + unlimited fine	Up to 5 years + unlimited fine

Enforcement is increasing: In January 2025, there were 828 workplace raids - a 73% increase year-on-year.

BRP to eVisa Transition

All Biometric Residence Permits (BRPs) expired on 31 December 2024. Holders should now have an eVisa.

What this means for employers:

• You can no longer accept expired BRPs as proof of right to work
• Use the online checking service for people with eVisas
• Ask employees to provide their share code

Follow-Up Checks

If an employee has time-limited right to work (e.g., a visa expiring in 2 years), you must conduct a follow-up check before their permission expires.

Failing to do follow-up checks means you lose your statutory excuse from the date their permission expired.

Records You Must Keep

For each check, retain:

• Copy of documents checked
• Date the check was conducted
• Date of any follow-up check required
• Online check results (PDF/print)

Keep records for 2 years after employment ends.