UK Right to Work checks: a step-by-step guide for employers

Employers in the UK are legally required to check that all employees have the right to work in the UK before employment begins. Failing to do so may result in civil penalties or criminal liability. Here’s a guide detailing everything you need to know to ensure your business is compliant with the law, your responsibility as an employer, and what is actually needed when running a RTW check.

Step 1: Understand your rights and responsibilities

• You must check every employee’s right to work before they start working for you, regardless of their nationality.
  
  
• Retain evidence of the check to protect yourself against liability.

Step 2: What method do you need?

There are three acceptable ways of conducting checks, which are:

• Manual Document Check
  
  
• Online Right to Work Check (via the Home Office)
  
  
• Digital Identity Check (for British or Irish citizens only)

Step 3: Conduct the necessary and appropriate check

Manual Document Check

This applies to individuals who are not eligible for online checks.

• Obtain original documents from List A or List B.
  
  
• Check the document in the presence of the individual. You must:
  
  
  
  • Ensure it is genuine, unaltered, and belongs to the person presenting it.
    
    
  • Confirm the right to work and any restrictions (e.g. hours or type of work).
    
    
• Make and keep a copy.
  
  
  
  • Record the date of the check.
    
    
  • Keep copies securely for at least two years after employment ends.

Online Right to Work Check

This applies to individuals with Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), status under the EU Settlement Scheme, or digital immigration status.

• Ask the individual for their share code and date of birth.
  
  
• Check the individual’s immigration status online and confirm:
  
  
  
  • Name matches identity documents
    
    
  • Type of work permitted
    
    
  • Duration of permission (if applicable)
    
    
• Save and securely store a PDF or screenshot of the result and record the date you checked it.

Digital Identity Check

This only applies to British and Irish citizens who have a valid passport/passport card.

• Engage a certified Identity Service Provider (IDSP).
  
  
• Ensure the IDSP carries out identity verification to standards set by the Home Office.
  
  
• Retain evidence of the ID check and verify the individual is the rightful holder.

Step 6: Rescreening if necessary

You will need to rescreen if the employee has time-limited permission to work.

• Schedule a follow-up check before the current permission expires.
  
  
• Use the same method (manual or online) as the initial check, or update if eligibility changes.

Step 7: Store records securely and safely

• Store all evidence of checks (copies/screenshots etc.) securely.
  
  
• Retain records for at least two years after employment ends.

Step 8: Keep on top of changes and updates in regulation

• Immigration rules can change. Always refer to the latest guidance from the Home Office.
  
  
• Subscribe to updates via GOV.UK or consult an immigration specialist if needed.

Penalties for non-compliance

Compliance can be tricky, and it can be easy to slip up. The potential penalties for not complying with the Right to Work check are:

• Civil penalties up to £20,000 per illegal worker.
• Potential criminal conviction, unlimited fines, and up to five years in prison.
• Reputational damage, loss of sponsor licence (if applicable), and disqualification as a company director.

UK Right to Work checks are the responsibility of the employer and have many steps as demonstrated above. It can be quick and simple, but it’s always important to double check you’re doing it correctly and in a compliant manner.

‍