How to conduct right to work checks for all staff

You must check that every person you hire has the legal right to work in the UK before they start their first day of work. This is a critical legal responsibility, and doing it correctly protects you from severe penalties. The process involves either checking original physical documents in person or using the official Home Office online checking service.

Why is this a crucial step?

Failing to conduct proper Right to Work checks can have serious consequences for your business. If you are found to be employing someone who does not have the right to work, you could face:

• A civil penalty (a fine) of up to £60,000 for each illegal worker.
• Damage to your business's reputation.
• In serious cases, a criminal conviction leading to a prison sentence and the disqualification of company directors.

By following the correct procedure, you establish a "statutory excuse," which protects you from a civil penalty if it turns out an employee provided fraudulent documents.

The Two Official Checking Methods

You cannot ask for a specific document; the prospective employee must provide a valid document from the government's approved lists. There are two main ways to conduct the check.

1. Manual Document Check

This method is used for employees who can provide original, physical documents, such as a UK passport. It’s a simple three-step process: Obtain, Check, and Copy.

1. Obtain: You must be given the employee’s original, acceptable documents. These are found on two official lists provided by the government. List A contains documents for people with a permanent right to work, while List B is for those with a temporary or time-limited right to work.
2. Check: You must verify that the documents are genuine and that the person presenting them is the rightful holder. With the applicant present, you must check that:
   
   • Photographs and dates of birth are consistent across documents and match the person in front of you.
   • The documents have not expired.
   • Any names are consistent across documents, and you have supporting documents for any name changes (e.g., a marriage certificate).
   • The document appears to be genuine and has not been tampered with.
3. Copy: You must make a clear copy of each document that cannot be manually altered (e.g., a photocopy or a scan). For passports, copy any page with the expiry date and the holder's nationality, photo, and date of birth. For all other documents, copy them in their entirety. On the copy, you must write: "The date on which this check was made was [insert date]." and sign it.

2. Home Office Online Service Check

This is a digital method for individuals who hold a Biometric Residence Permit, Biometric Residence Card, or have been granted status under the EU Settlement Scheme or the points-based immigration system.

1. Generate a Share Code: The prospective employee must first generate a ‘share code’ using the Home Office’s online service. They will need to give this code to you along with their date of birth.
2. View their Status: You then use the share code and the applicant's date of birth on the GOV.UK 'View a job applicant's right to work details' page.
3. Verify and Save: You must carry out this check in the presence of the applicant, either in person or via a live video call, to confirm that the photograph on the online profile is a true likeness. You must then save a clear copy of the entire profile page showing the individual's photo and the date you conducted the check. A PDF is the best format for this.

Important Tip: You must perform these checks on every single employee, regardless of their nationality, ethnicity, or how long you've known them. Making assumptions and only checking certain people can lead to accusations of discrimination.

Record Keeping and Follow-Up Checks

You must keep a secure record of all Right to Work checks for the duration of the person's employment and for a further two years after they leave.

If an employee's right to work is time-limited (i.e., they provided a document from List B), you have a legal duty to conduct a follow-up check shortly before their permission expires. Failure to do so means you will lose your statutory excuse.

For the most up-to-date guidance and the full lists of acceptable documents, always refer to the official 'Right to Work checks: an employer's guide' on the GOV.UK website.