Hiring and recruitment

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.

UK-wide
Guide summary

You must check every job applicant's legal right to work in the UK before they start employment. Incorrect or missed checks can lead to penalties of up to £60,000 per illegal worker.

  • Check right to work before anyone starts working for you
  • Use the online checking service or check original documents
  • Keep copies of documents for duration of employment, plus 2 years
  • Repeat checks for workers with time-limited permission
  • Penalties up to £45,000 for first offence, £60,000 for repeat offences
  • Do not accept photocopies or photos for manual checks
  • Use a share code for online checks (recommended method)
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UK-wide

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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:

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.