Major UK penalties for illegal working make Right to Work checks essential for every employer. Completing the correct checks not only protects organisations from fines but also supports safe and compliant hiring. However, interpreting frequently changing Home Office rules can be challenging, particularly for busy HR teams and hiring managers.
This guide explains how to complete compliant checks, what documents are required, how digital and online checks work, and how to maintain proper records. It is designed for employers, HR professionals, hiring managers, and small businesses that need a clear, practical reference.
The following sections provide a detailed step-by-step guide to each method of Right to Work checking.
Understanding UK Right to Work Requirements
What “Right to Work” Means in UK Employment Law
The term “Right to Work” refers to an individual’s legal entitlement to work in the UK. This duty is rooted in the Immigration, Asylum and Nationality Act 2006, which requires employers to confirm that every person they employ is eligible to work. A Right to Work check must be carried out before employment begins and must follow the specific methods set out in Home Office guidance.
These checks are not optional. Employers are required to verify identity and immigration status using approved documents, online systems, or certified digital identity providers. A compliant check provides what is known as a statutory excuse – legal protection against civil penalties if the worker is later found to be ineligible. Without a proper check in place, employers may be held fully liable for illegal working, even if the individual has presented incorrect or fraudulent information.
Why Employers Must Complete Checks
Right to Work checks are a core element of UK employment compliance. The Home Office expects all employers, regardless of size or sector, to complete checks consistently for every worker, including British citizens. When carried out correctly, these checks help employers:
- Avoid civil penalties for illegal working.
- Demonstrate compliance during audits and inspections.
- Maintain strong recruitment and onboarding standards.
- Ensure fairness and consistency across hiring processes.
Failure to complete checks correctly can lead to substantial fines, allegations of knowingly employing illegal workers, and serious reputational harm. Employers who apply the rules consistently and document their processes accurately are best placed to protect their organisation.
Types of Acceptable Right to Work Evidence
The Home Office divides acceptable documents into two categories:
List A – Permanent Right to Work
These documents confirm that an individual has an ongoing, unrestricted Right to Work. Once a compliance check has been carried out, no further checks are required. Examples include a British or Irish passport or evidence of indefinite leave to remain.
List B – Time-Limited Right to Work
These documents show that an individual has temporary permission to work in the UK. Employers must carry out follow-up checks before the permission expires. Examples include biometric residence permits, visas, and certificates of application.
Additionally, some workers will not present physical documents at all. Instead, they may provide an online share code, which employers must use through the Home Office’s online Right to Work service. British and Irish citizens may also be eligible for digital checks carried out through a certified Identity Service Provider (IDSP), which verifies identity using digital technology.
Understanding which documents apply, and which checking route is required, is essential to ensuring that each worker is verified correctly and that a statutory excuse is fully established.
How to Check Right to Work in the UK Step by Step
Step 1 – Obtain and Review Acceptable Documents
Employers must request original documents directly from the candidate. All documents must be checked for authenticity, including photographs, dates of birth, expiry dates, and overall consistency.
At this stage, employers should identify which method applies: manual checks, online share code checks, or digital identification verification for eligible workers. Ensuring accuracy at the document review stage reduces the risk of error later.
Step 2 – Verify the Individual’s Identity
Employers must confirm that the person presenting the document or digital identity profile is the same individual who will undertake the work. This can be done in person or via a live video call, depending on the checking route.
The employer must record how and when the identity check was completed. This is essential in establishing a statutory excuse.
Step 3 – Record Keeping and Compliance
Employers must keep clear copies of all documents checked. These must be stored securely for the duration of employment and for at least two years after the worker leaves.
Records should be dated and stored in a compliant format, whether digital or physical. Audit-ready documentation is essential in the event of a Home Office inspection.
Manual vs Online vs Digital IDSP Checks Explained
Manual Right to Work Checks
Manual checks involve reviewing original physical documents in person. Only certain documents qualify, such as passports, birth certificates, and immigration status documents.
These checks require trained HR personnel to assess authenticity. Manual checks carry higher risks of forgery and error, so training and consistent processes are essential.
Home Office Online Share Code Checks
Online checks are required for those whose immigration status is held digitally. The individual provides a share code, and the employer uses the Home Office online service to confirm their status.
Employers must download and store the outcome of the check as evidence. This includes the photograph and confirmation of the individual’s Right to Work.
Digital Checks Using Certified IDSPs
Digital checks are available for British and Irish citizens who hold valid passports. Certified Identity Service Providers (IDSPs) verify identity electronically and provide employers with a report confirming the check.
These checks support remote recruitment, reduce administrative workload, and provide an efficient alternative to manual verification. However, they are only permitted in specific circumstances.
Avoiding Common Right to Work Mistakes
Documentation Errors Employers Commonly Make
Common errors include accepting expired or invalid documents, failing to note time-limited permissions, and not thoroughly checking authenticity.
Employers must ensure that all documents are genuine, up to date, and correctly categorised under List A or List B.
Process & Timing Mistakes
Checks must be completed before employment begins. Employers cannot rely on scanned documents or photographs unless the checking method permits it.
Repeat checks are required for workers with time-limited permission. Failure to carry out follow-up checks is a common compliance risk.
Record-Keeping and Data Protection Failures
Incomplete copies or missing dates are common issues. Employers must ensure that all records are securely stored and compliant with GDPR requirements.
Missing or incomplete records can lead to penalties and difficulties during Home Office audits.
Legal Risks, Penalties, and Employer Responsibilities
Civil Penalties for Illegal Working
Employers may face significant fines for employing individuals without the proper Right to Work. Penalties apply per illegal worker and may increase depending on compliance failures.
If checks are incomplete or incorrect, the statutory excuse is lost, leaving the organisation exposed to financial penalties.
Criminal Liability and Reputational Impact
Knowingly employing illegal workers is a criminal offence. Directors and senior managers may face prosecution.
Reputational damage, contract losses, and operational disruption can result from non-compliance, impacting long-term organisational stability.
Ongoing Monitoring and Follow-Up Duties
Employers must track visa expiry dates and conduct repeat checks for those with time-limited permission.
A consistent approach to monitoring ensures that compliance is maintained across the organisation.
How Kingfisher Professional Services Can Help with Right to Work Checks
We support organisations in building robust and compliant Right to Work processes that align with Home Office requirements and protect employers from legal and financial risk. Our services include:
- Expert guidance on completing compliant manual, online, and digital Right to Work checks across all worker categories. • Practical training for HR teams and hiring managers to ensure they can verify identity, assess documentation, and understand statutory excuse requirements confidently.
- Development of clear templates, checklists, and process documents to support consistent recording, storage, and monitoring of Right to Work evidence.
- Specialist advice on complex cases, including time‑limited permissions, visa categories, and ongoing monitoring duties.
- Ongoing consultancy and retainer support, including policy reviews, audit preparation, and competent advice whenever issues arise.
Our consultants combine practical employment law expertise with up‑to‑date knowledge of Home Office guidance. By partnering with Kingfisher, employers can reduce risk, strengthen compliance, and maintain confidence that their organisation meets its legal duties.
Conclusion
Right to Work checks are essential in preventing illegal working and maintaining lawful recruitment practices. Employers must follow manual, online, or digital checking routes correctly to stay compliant.
Strong record-keeping, timely checks, and a consistent approach reduce risks and support effective recruitment. With clear procedures in place, HR teams can manage Right to Work with confidence.
Kingfisher Professional Services is available to help employers implement reliable, compliant, and practical processes.