How to conduct right to work checks for employees

Before any new employee starts their first shift, you must verify their legal right to work in the UK. This is a mandatory legal requirement for every employer, regardless of the size of the business or the length of the contract. By following the correct checking procedure, you establish a "statutory excuse" against a civil penalty if it later transpires that an employee is working illegally.

Why these checks matter

If you are found to be employing someone who does not have the right to work in the UK and you haven't carried out the proper checks, you could face a civil penalty of up to £60,000 per illegal worker. Beyond the financial risk, it ensures your business remains compliant with Home Office regulations and helps maintain a professional, legal workplace.

The three-step check

Whether you are checking a passport or using an online service, the process generally follows these three stages:

1. Obtain: Get the person's original identity documents or their digital share code.
2. Check: Look at the documents in the presence of the holder (or via a live video link while you have the original document) to ensure they are genuine and belong to the person.
3. Copy: Make a clear, unalterable copy of the document and record the date you made the check.

Manual checks vs. Online checks

The method you use depends on the employee's nationality and immigration status. Since 2022, many checks for non-UK/Irish citizens must be done online.

Method	When to use it	What you need
Manual Check	British and Irish citizens.	Original physical documents (e.g., Passport or Birth Certificate with National Insurance proof).
Online Check	Individuals with a "share code" (e.g., EU Settlement Scheme or BRP holders).	A 9-character share code and the person's date of birth.

Conducting a manual check

If you are performing a manual check, you must see the original documents. Photocopies or scans provided by the employee are not sufficient. During the check, you must verify that:

• Photographs and dates of birth are consistent across documents and match the person's appearance.
• Expiry dates for permission to be in the UK have not passed.
• Stamps or visas do not restrict the type of work they can do (e.g., some student visas restrict hours).
• If names are different on documents, you see supporting evidence (like a marriage certificate or deed poll).

Using the GOV.UK online service

For many non-UK citizens, you must use the Home Office online service. The applicant will provide you with a "share code." You then enter this code, along with their date of birth, into the "View a job applicant's right to work details" page on GOV.UK. This will provide you with a digital profile. You must still check that the photo on the digital profile matches the person standing in front of you.

Top Tip: To comply with GDPR, keep these records stored securely (either in a locked cabinet or an encrypted digital folder). You must keep these copies for the duration of the employment and for a further two years after the employee leaves your business.