How do I do a “Right To Work” check and do I need them?

“Right to work checks” aren’t just another HR admin task—they’re a legal requirement. Done properly, they protect your organisation from significant penalties. Done incorrectly or not at all, they can expose you to fines, reputational damage, and even criminal liability.

This applies to:

● Full-time and part-time employees

● Temporary and contract workers

● Apprentices and interns

Every single employer in the UK, regardless of size or industry, has a legal obligation to conduct RTW checks on all prospective employees before they start.

Why are they important?

Right to work checks give you a “statutory excuse”. That’s your legal protection if it later turns out someone didn’t actually have permission to work in the UK.

The cost of "getting it wrong"

Without this protection, you could face:

➢ Civil penalty - fines up to £45,000 for each illegal worker and up to £60,000 for repeat offences

➢ Potential criminal charges in serious cases - Knowingly employing someone without the right to work can lead to up to five years in prison and an unlimited fine. It can also lead to disqualification as a company director, being prohibited from sponsoring migrants and the seizure of earnings made

➢ Damage to your employer brand - You risk losing your Sponsor Licence, having your business "named and shamed" publicly, and even potential closure by the courts.

What Is a Right to Work Check?

A right to work check is simply verifying that a person is legally allowed to work in the UK before they start employment.

There are three main ways to do this:

1. Manual document check

2. Online check via the Home Office

3. Using an Identity Service Provider (IDSP)

How to Carry Out a Right to Work Check

1. Manual Document Check

● Step 1 - Obtain original documents from the Home Office's approved list (see list below)

● Step 2 - Check them in the presence of the holder. Verify photos match, dates of birth are consistent, and documents haven’t been tampered with.

● Step 3: Copy the documents in a tamper-proof format. You must record the date of the check and keep the records for the duration of employment plus two years.

2. Online Right to Work Check with the Home Office

This is mandatory for individuals with a digital immigration status, such as an eVisa, Biometric Residence Permit (BRP), or status under the EU Settlement Scheme.

● Step 1 - The candidate provides you with a share code

● Step 2 - Enter the code on the Home Office online service along with their date of birth - verify that the photo on the online profile matches the person

● Step 3 - Review their right to work status and keep a record of the check

3. Using an Identity Service Provider (IDSP)

This is for British and Irish citizens, you can outsource checks using certified providers.

● This uses technology to verify identity remotely. While this saves time, the ultimate responsibility for ensuring the check was done correctly still rests with you

What is the Approved List of Right to Work Documents

The Home Office sets out specific documents that employers can accept when conducting right to work checks. These are divided into two categories: List A (permanent right to work) and List B (temporary right to work).

List A: Documents Showing a Permanent Right to Work

If an individual provides a document from List A, they have an ongoing right to work in the UK. No follow-up checks are required.

Acceptable single documents:

● A valid or expired British passport

● A valid or expired Irish passport

● A passport or national identity card confirming the holder is a British or Irish citizen

● A document confirming Indefinite Leave to Remain (ILR) or settled status

Acceptable combination of documents:

● A UK birth or adoption certificate plus

● An official document showing the individual’s National Insurance number (e.g. P45, P60, or a letter from HMRC or a government agency)

List B: Documents Showing a Temporary Right to Work

List B documents confirm that an individual has permission to work in the UK for a limited period - Follow-up checks are required!

Group 1: Time-limited right to work

● A current passport endorsed with a visa allowing the holder to work

● A Biometric Residence Permit (BRP)

● A Biometric Residence Card (BRC)

● Confirmation of immigration status via the Home Office online checking service

👉 A follow-up check must be carried out before the individual’s permission expires.

Group 2: Short-term or pending status

● A Certificate of Application (issued less than 6 months ago), verified by the Home Office Employer Checking Service

● An Application Registration Card stating the holder is permitted to work

● Evidence of an ongoing immigration appeal or administrative review

👉 A follow-up check must be carried out after 6 months.

When Should Checks Be Done?

● Before employment begins (not after day one!)

● Follow-up checks are required if the individual has time-limited permission to work (before they expire)

Expert Tips from HR

★ Avoid Discrimination: Check everyone, not just those you suspect aren't British. Being selective can lead to a discrimination claim under the Equality Act 2010.

★ Watch for Expiry Dates: If someone has time-limited permission to work, you must perform a follow-up check before their current permission expires to maintain your statutory excuse.

★ Clipped Passports: Be aware that as of 2025, "clipped" (cancelled) passports are no longer accepted as valid proof of right to work.

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Need help setting up a robust, audit-ready RTW process for your team? Would you like a copy of our Right to Work Checklist to share with your hiring managers?

Contact us for a compliance health check.

Get in touch: https://www.lilachr.co.uk/contact