Guide
Check someone's right to work
How to conduct compliant right to work checks before employment begins. Includes acceptable documents, online checking service, follow-up requirements for time-limited workers, and civil penalties for non-compliance.
You must check that every job applicant has the legal right to work in the UK before they start employment. This applies to all workers regardless of nationality - including British citizens.
Conducting proper checks gives you a 'statutory excuse' against civil penalties if it later emerges the worker was working illegally. Without this excuse, you face penalties of up to £45,000 per illegal worker for a first offence, rising to £60,000 for repeat offences.
When to check
You must complete the check before the person starts work - not on their first day, but before they do any work for you. This includes trial shifts.
If you cannot verify their right to work before the start date, you must not employ them until you can. There is no grace period.
Acceptable documents
You need to see original documents - photocopies or photos sent by the applicant are not acceptable for establishing a statutory excuse.
How to conduct the check
There are three ways to establish a statutory excuse:
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Option 1: Online check (recommended)
Ask the worker for their share code from GOV.UK. Enter the share code and their date of birth at gov.uk/view-right-to-work. The online result confirms their right to work status. Save or print the result as your record.
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Option 2: Manual document check
Obtain original documents from List A or List B. Check documents are genuine, belong to the holder, and allow them to do the work offered. Make a clear copy (scan or photo) and record the date of the check.
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Option 3: IDVT check (British/Irish citizens only)
Use a certified Identity Document Validation Technology (IDVT) service provider. This allows digital checks of British and Irish passports without seeing the original. Only use providers on the government's list.
Follow-up checks for time-limited workers
If someone has a time-limited right to work (List B documents), you must conduct follow-up checks before their permission expires.
Set a calendar reminder for at least one month before expiry to give time to complete a new check. If their permission expires and you haven't reverified, you lose your statutory excuse from that date.
Workers with an ongoing application or appeal with the Home Office may present a Certificate of Application (COA). You must verify this using the Employer Checking Service before employment and every 6 months thereafter.
Record keeping
Keep copies of documents for the duration of employment plus 2 years after the person stops working for you. For online checks, keep a copy of the online result showing the date of check.
Your records should show:
- The date you made the check
- The documents or online verification you relied on
- For manual checks: clear, legible copies of documents
- For online checks: a copy of the 'profile' page from the checking service
Civil penalties for employing illegal workers
If you employ someone without the right to work and don't have a statutory excuse:
- First breach: Up to £45,000 per illegal worker
- Repeat breach: Up to £60,000 per illegal worker
- Criminal prosecution: Unlimited fine and up to 5 years' imprisonment for knowingly employing illegal workers
The Home Office conducts targeted raids and cross-references HMRC data to identify potential illegal working. High-risk sectors include hospitality, construction, retail, and care.