Right to work checks are one of the most common compliance obligations UK employers face — and one of the easiest to get wrong, since the rules apply to every single hire, regardless of nationality or how confident you feel about someone's status.
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Why every employer must check
Every UK employer is legally required to check that a person has the right to work in the UK before they start employment — this applies to every new hire, regardless of nationality, including British citizens. Carrying out the check properly, using one of the specified methods, establishes a statutory excuse against a civil penalty, even if it later turns out the person didn't actually have the right to work.
The three checking methods
There are generally three accepted ways to carry out a right to work check: a manual document check using specified original documents (such as a passport), an online check using the Home Office's right to work checking service for individuals with digital immigration status, and an Identity Service Provider (IDSP) check using certified digital identity verification technology for British and Irish citizens holding a valid passport. Which method applies depends on the individual's nationality and immigration status, and using the wrong method can mean the statutory excuse isn't validly established.
A right to work check only establishes a statutory excuse if carried out before the person begins work. Checking retrospectively, even shortly after someone starts, does not protect the employer if it turns out they didn't have the right to work.
Establishing a statutory excuse
To properly establish the excuse, the check must be conducted in the specified way, the employer must retain clear copies of the documents checked (or the online check confirmation), and — for manual checks — the checker should generally see the individual in person (or via a live video link in specific circumstances) holding the original document alongside their face for verification. Simply glancing at a document without following the specified steps is unlikely to establish a valid statutory excuse if challenged later.
Follow-up checks
Where someone's right to work is time-limited (for example, a Skilled Worker visa holder), the employer must carry out a follow-up check before the existing permission expires, to maintain a continuous statutory excuse. Missing this follow-up check can mean the employer loses the protection of the statutory excuse from that point onward, even if the original check was carried out correctly.
Penalties for getting it wrong
Employing someone without the right to work, without a valid statutory excuse in place, can lead to a substantial civil penalty per illegal worker, with significantly higher penalties for employers who have previously been penalised. In more serious cases — particularly where an employer knew or had reasonable cause to believe someone didn't have the right to work — criminal prosecution is also possible, alongside reputational damage and, for licensed sponsors, risk to their sponsor licence.