Every employer in the UK has a duty to make sure the people they employ are allowed to do the work in question. Getting the check right before someone starts gives you what the Home Office calls a statutory excuse, which protects you if it later turns out the person did not have the right to work. Getting it wrong, or skipping it, can lead to a civil penalty and, in serious cases, criminal liability.
This is a practical overview based on how we run checks day to day. The rules do change, so always confirm the current employer guidance on GOV.UK before relying on it.
Who needs to be checked
The short answer is everyone you employ, before their employment starts. That includes British and Irish citizens. Checking only the people you think might be from overseas is not just risky, it can also amount to unlawful discrimination. Treat every candidate the same way and build the check into your onboarding so it cannot be missed.
If you take on staff through an agency that employs and pays them, the agency is normally responsible for the right to work check. It is still sensible to ask your agency how they do it and to make sure their process matches the guidance.
The three ways to carry out a check
There are currently three routes, and which one you use depends on the person and their documents.
1. A manual document check
You check original documents from the lists in the Home Office guidance. You need to see the originals with the holder present, either in person or on a live video call with the original in their hand. Check that photos match, dates of birth are consistent, documents have not expired where that matters, and that nothing looks tampered with. Then make a clear copy and record the date you did the check.
2. A digital check using identity verification technology
British and Irish citizens with a valid passport (or Irish passport card) can be checked through a certified identity service provider using identity document validation technology, often called IDVT. The provider checks the document and the person's identity digitally. You remain responsible for making sure the photo matches the person who turns up for work, so do not treat it as entirely hands off.
3. A Home Office online check
People with digital immigration status, such as an eVisa or status under the EU Settlement Scheme, prove their right to work online. They give you a share code from GOV.UK, and you enter it with their date of birth on the GOV.UK service for viewing a job applicant's right to work details. You must use the online check for these workers, rather than relying on a physical document. Keep the profile page the service gives you as your record.
Follow-up checks for time-limited permission
Some workers have permission to work for a limited period. If the first check shows time-limited permission, you need to repeat the check before that permission runs out to keep your statutory excuse. Good practice is to:
- Record the expiry date in a system that will remind you well in advance.
- Speak to the worker early so they have time to sort any application.
- Follow the GOV.UK guidance if an application is pending, as there is a specific process for this.
- Never assume someone's status has been extended without checking it properly.
Keeping records
A check you cannot prove is not much use. For every employee, keep a copy of the documents or online check result, along with the date the check was made. Store copies securely and in line with data protection law, because they contain personal data. The guidance says to keep them for the duration of employment and for two years after it ends, then destroy them securely. Confirm the current retention rule on GOV.UK.
It also pays to keep a simple audit trail: who carried out the check, how it was done and when any follow-up is due. If you are ever visited or asked to show your records, being able to produce them quickly makes a real difference.
Common mistakes we see
- Checking after the person has already started work.
- Accepting photocopies or photos of documents instead of originals.
- Asking eVisa holders for a physical card instead of using a share code.
- Forgetting the follow-up check when permission is time-limited.
- Losing copies, or storing them in a shared inbox with no access controls.
None of these are complicated to fix, but they all remove your protection.
How an agency can help
For businesses taking on large numbers of temporary staff, right to work checks become a real admin load. When you use our staffing services, we check every worker before they are put forward and keep records of every check. If you want to review how your current checks work, or talk about taking on staff through us, please get in touch and one of the team will help.
