Right to work checks: the complete employer guide

Right to work checks are a legal requirement for every employer in the UK. Before an employee starts work, you must check that they have the right to work in the UK and retain evidence of that check. Getting this wrong carries a civil penalty of up to £60,000 per illegal worker from January 2024 — and knowingly employing someone without the right to work is a criminal offence carrying up to five years imprisonment.

The three methods of conducting a right to work check are: the manual document check, the online check via the UKVI online service, and the identity document validation technology (IDVT) check via a certified provider.

Manual document check

For British and Irish citizens, the manual document check involves seeing, checking, and copying documents from the acceptable documents list (List A or List B). List A documents — such as a UK passport or a birth certificate with NI number evidence — give a statutory excuse for the duration of employment. List B documents have time limits and require a follow-up check.

The process: see the original document(s) in person (or via video check for certain groups), check the documents are genuine and that the person is the rightful holder, copy the documents and retain a copy, and record the date of the check.

Online UKVI check

For individuals with a Biometric Residence Permit, a visa, or status under the EU Settlement Scheme, the Home Office online service at gov.uk/prove-right-to-work can be used. The employee provides a share code to the employer; the employer enters the share code and the employee's date of birth to see their right to work status. Screenshot and retain the result.

From 1 October 2022, the adjusted right to work check procedures introduced during the pandemic for remote checking ended. Physical document checks resumed, but certified IDVT providers can now conduct digital checks for British and Irish citizens on behalf of employers.

Identity Document Validation Technology (IDVT)

IDVT providers use technology to verify that a document is genuine and that the person presenting it is the document holder. Certified IDVT providers carry out these checks remotely, which is useful for remote hiring. Employers must use a certified provider — using an uncertified service does not provide a statutory excuse.

Timing of the check: the check must be completed before employment begins. A retrospective check — checking after the person has already started — does not provide a statutory excuse for the period before the check.

Retention: you must retain a copy of the documents (paper or electronic) for the duration of employment plus two years after the employment ends.

Re-checks: where a document has a time limit (List B, or online checks that show a specific visa expiry), you must conduct a follow-up check before the expiry date. Failing to re-check means the statutory excuse expires.

Common errors: only checking one document when the rules require two, failing to retain the copy, forgetting to re-check time-limited permissions, and not recording the date of the check.

See GDPR for employers: handling employee data correctly for how right to work check data must be stored and for how long.

Mellow tracks right to work check dates, document expiry, and prompts re-checks before permissions expire. [Start a free trial →](https://mellowhr.com/register)