Right to Work Check Checklist
Complete checklist for conducting right to work checks. Step-by-step guide to ensure compliance and establish statutory excuse.
Last updated: 30 January 2025
A systematic checklist ensures compliant right to work checks every time.
Before You Start
Pre-Check Questions
| Question | Answer |
|---|---|
| Is this before employment starts? | Must be yes |
| Do you know which check type? | Online or manual |
| Is the person present? | In person or video |
| Do you have documents/code? | Ready to check |
Determine Check Type
| Person Has | Check Type |
|---|---|
| British/Irish passport | Manual (or IDSP) |
| EU Settled/Pre-settled | Online |
| BRP/eVisa | Online |
| Other visa | Usually online |
| UK birth cert + NI | Manual |
Online Check Checklist
Before the Check
| Step | Complete? |
|---|---|
| Employee has share code | |
| Code valid (90 days) | |
| Have employee's DOB | |
| Video call arranged (if remote) |
Conducting Online Check
| Step | Complete? |
|---|---|
| Go to gov.uk checking service | |
| Enter share code | |
| Enter date of birth | |
| View results | |
| Compare photo to person | |
| Check work rights shown | |
| Note any restrictions | |
| Note expiry date (if any) |
Recording Online Check
| Step | Complete? |
|---|---|
| Screenshot/print confirmation | |
| Record date of check | |
| Save securely | |
| Set follow-up reminder (if needed) |
Manual Check Checklist
Document Verification
| Step | Complete? |
|---|---|
| Original document obtained | |
| Document on approved list | |
| Check for tampering | |
| Check security features | |
| Photo matches person | |
| Name matches application | |
| Document validity checked | |
| Expiry date noted (if applicable) |
Copy and Record
| Step | Complete? |
|---|---|
| Clear copy made | |
| All relevant pages copied | |
| Date of check written on copy | |
| "Original seen" noted | |
| Original returned to employee |
IDSP Check Checklist
For British/Irish Citizens
| Step | Complete? |
|---|---|
| Employee has chipped passport | |
| IDSP link sent to employee | |
| Employee completes verification | |
| Confirmation received | |
| Date recorded | |
| Confirmation saved |
Identity Verification
Every Check Must Include
| Verification | Done? |
|---|---|
| Person present (live/video) | |
| Photo compared to person | |
| Same person confirmed | |
| Real-time check (not recording) |
If Video Call
| Additional Check | Done? |
|---|---|
| Live call confirmed | |
| Document shown on camera | |
| Both sides viewed (if needed) | |
| Copy sent by employee | |
| Copy matches what seen |
Document Requirements
List A Documents (Ongoing Excuse)
| Document | Acceptable? |
|---|---|
| British passport (current or expired) | Yes |
| Irish passport (current or expired) | Yes |
| UK birth cert + NI evidence | Yes |
| Certificate of naturalisation | Yes |
| Certificate of registration | Yes |
List B Documents (Time-Limited Excuse)
| Document | Acceptable? |
|---|---|
| Passport with valid visa | Yes |
| Current BRP (use online) | Yes |
| Positive Verification Notice | Yes |
| Immigration status document | Check validity |
Record Keeping
Essential Records
| Record | Required |
|---|---|
| Document copy OR online confirmation | Yes |
| Date check conducted | Yes |
| Evidence of photo verification | Recommended |
| Expiry date (if applicable) | Yes |
| Follow-up date set | If time-limited |
Storage Requirements
| Requirement | Met? |
|---|---|
| Secure storage | |
| Access controlled | |
| Backup exists | |
| Retention planned |
Retention Period
| Duration | Period |
|---|---|
| During employment | Always |
| After leaving | 2 years minimum |
| Then | Can destroy |
Follow-Up Checks
If Time-Limited Document
| Action | When |
|---|---|
| Record expiry date | At initial check |
| Set reminder | 1 month before |
| Contact employee | In advance |
| Conduct new check | Before expiry |
Follow-Up Tracker
| Employee | Expiry Date | Reminder Set | Checked |
|---|---|---|---|
| [Name] | [Date] | Yes/No | Yes/No |
Avoiding Discrimination
Consistency Check
| Question | Answer Should Be Yes |
|---|---|
| Same process for everyone? | |
| Accept any valid documents? | |
| Don't require specific document? | |
| Check before all employees start? | |
| Same forms used for all? |
Never
| Prohibited Action | Checked |
|---|---|
| Only check some employees | |
| Require passports specifically | |
| Treat differently by nationality | |
| Assume based on appearance |
Troubleshooting
If No Share Code Available
| Step | Action |
|---|---|
| Ask employee to generate | Via UKVI account |
| If they can't | Technical issues? |
| Use Employer Checking Service | ECS |
| Await Positive Verification | Notice |
If Documents Seem Problematic
| Concern | Action |
|---|---|
| May be fake | Seek advice |
| Don't match | Further verification |
| Expired | Check if still valid |
| Unknown type | Check approved list |
If Check Fails
| Situation | Action |
|---|---|
| Online service down | Try later |
| Document rejected | Verify with employee |
| No right shown | Do not employ |
| Employee can't prove | Cannot start work |
Final Check Confirmation
Before Employment Starts
| Confirmation | Verified |
|---|---|
| Right to work confirmed | |
| All steps completed | |
| Records saved | |
| Follow-up scheduled (if needed) | |
| Can now employ |
Checklist Completed By
| Field | Information |
|---|---|
| Employee name | |
| Position | |
| Check date | |
| Checked by | |
| Start date authorised |
Quick Reference
Must Do
| Requirement | Status |
|---|---|
| Before employment starts | |
| Correct check type | |
| Verify identity (photo) | |
| Keep records | |
| Note expiry | |
| Follow up when due |
Must Not Do
| Avoid | Checked |
|---|---|
| Starting before check | |
| Different treatment | |
| Ignoring expiries | |
| Poor records | |
| Guessing status |
Summary
Key Steps
| Step | Purpose |
|---|---|
| Determine type | Online or manual |
| Verify documents | Genuine, valid |
| Check identity | Photo matches |
| Keep records | Evidence |
| Track expiry | Follow-up |
Protection Achieved
| If Completed | You Have |
|---|---|
| All steps done | Statutory excuse |
| Before start date | Valid defence |
| Records kept | Evidence |
| Follow-up done | Maintained excuse |
Related answers
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Avoiding Discrimination in Right to Work Checks
How do you avoid discrimination when doing right to work checks? Understand fair treatment and consistent processes.
Statutory Excuse for Right to Work
What is a statutory excuse? Understand how to establish and maintain your defence against civil penalties for illegal working.
Frequently Asked Questions
- What are the steps for a right to work check?
- 1) Determine check type (online or manual), 2) Obtain documents or share code, 3) Verify documents are genuine, 4) Check photo matches the person, 5) Make copies and record date, 6) Note any expiry for follow-up, 7) Store records securely.
- When must I complete right to work checks?
- Before employment starts. The check must be completed before the person's first day of work. Checking after employment has begun does not establish a statutory excuse for the period before the check.
- Do I need a checklist for every employee?
- Using a standard checklist for every employee ensures consistency and helps avoid discrimination claims. It also provides evidence of your systematic approach if audited by the Home Office.