Right to Work Checks: UK Employer Guide

Right to work checks are a legal obligation for every employer in the UK. Before an employee starts work, you must verify they have the right to work in the UK and keep a copy of the evidence. If you employ someone without the right to work and cannot show you conducted a compliant check, you face a civil penalty of up to £60,000 per illegal worker — increased significantly in 2024.

The check can be conducted in three ways: manual (checking original documents in person), online (using HMRC's online checking service for those with a share code), or via an Identity Service Provider (IDSP) for British and Irish citizens using a valid passport. Whichever method you use, the check must happen before the first day of work — not after. A check conducted a week late is not a statutory excuse against a penalty.

Mellow's right to work module logs the check type, the document reference, and the expiry date of any time-limited permission. For employees with time-limited rights — student visas, skilled worker visas — Mellow sends a reminder before the expiry date so you can repeat the check. An out-of-date permission that you missed is treated the same as no check at all.