Right to work checks are one of those compliance tasks that's easy to do badly without realising it - and the consequences of getting it wrong are genuinely serious, including criminal liability in the worst cases. Here's what actually needs to happen before someone's first day.
Why this matters more than it might seem
Employing someone without the right to work in the UK can result in a civil penalty of up to £60,000 per illegal worker, and in cases where an employer knew or had "reasonable cause to believe" someone didn't have the right to work, it becomes a criminal offence. Doing the check properly, before employment starts, is also your legal defence - it's called the "statutory excuse," and it only works if the check was done correctly and on time.
The three ways to check
- Manual document check. For British and Irish citizens, this usually means checking a passport (or certain other accepted documents) in person, confirming it's genuine and belongs to the person in front of you, and keeping a clear copy with the date you checked it recorded on the copy itself.
- Online right to work check. Many non-UK citizens (and increasingly, people with digital immigration status) will give you a "share code" - you enter this on the official GOV.UK checking service along with their date of birth, and it shows you their right to work status directly from Home Office records.
- Identity Service Provider (IDSP) check. For British and Irish citizens who hold a valid passport, you can use a certified digital identity provider instead of checking the physical document yourself - increasingly common as it's faster and reduces manual error.
When to do it
Before the person's first day of employment - not after. A right to work check done after someone's already started doesn't give you the statutory excuse, even if it would otherwise have passed.
What to actually keep
- A clear copy of the document(s) checked (for manual checks), or evidence of the online check result
- The date the check was carried out
- These records need to be kept for the duration of employment plus two years afterwards
Follow-up checks
If someone has time-limited permission to work in the UK (rather than settled or indefinite status), you need to carry out a follow-up check before their permission expires - and diarise it, since missing this silently turns a previously legal employee into an illegal one.
This is general guidance, not advice tailored to your specific situation. Employment law is genuinely fact-specific - if you want to talk through what this actually means for your business, get in touch.