Right to Work

All UK employers must conduct a right to work check before a new employee starts work, regardless of nationality. For British and Irish nationals, employers can use the manual document-based check (passports, birth certificates with NI number evidence) or an Identity Document Validation Technology (IDVT) check via a certified provider. For non-EEA nationals and those with biometric residence permits or e-visas, the employer must use the Home Office online checking service — paper documents are not sufficient. Employers who carry out the prescribed check obtain a 'statutory excuse' — if the check was conducted correctly, they are not liable even if the document later turns out to be false. A civil penalty of up to £60,000 per illegal worker applies where no check was done (up from £20,000 before January 2024). Criminal prosecution (up to 5 years' imprisonment) applies where an employer knowingly employs an illegal worker.

What it means in practice. The check is about process, not judgement. Done correctly and before the first day of work, it gives you a statutory excuse that survives even if the documents later prove to be forged. Done late, done sloppily, or not done at all, and there is no excuse to rely on however innocent the mistake. For anyone with digital immigration status, paper documents are no longer acceptable — the employer must use the Home Office online service with a share code and the person's date of birth, and keep the digital response.

A worked example. A restaurant hires a chef who produces a passport with a visa vignette. The manager photocopies it and files it. Nine months later an enforcement visit establishes that the chef's permission had expired before he started. Because the manager took a copy without checking it in the holder's presence, did not verify whether digital status applied, and never diarised the expiry, there is no statutory excuse and a civil penalty is issued per illegal worker. A correctly conducted online check would have shown the true position in under a minute and cost nothing.

Common pitfalls. Checking after someone has started is the most common and the most expensive. Applying different checks to different nationalities is unlawful discrimination under the Equality Act 2010, so the same process must be used for everyone. Employers also forget follow-up checks when time-limited permission expires, and they misfile records — copies must be kept securely for the duration of employment and for two years afterwards, and must be dated.

How it relates to other terms. Right to Work mirrors the landlord duty described under right to rent. Employers hiring from abroad will also need a sponsor licence and will assign a Certificate of Sponsorship for routes such as the Skilled Worker visa. Someone with indefinite leave to remain needs no follow-up check, and physical biometric residence permits have largely given way to eVisas.

What to do next. Follow the exact steps in our right to work checks guide to secure a statutory excuse, and build them into your onboarding using hiring your first employee. If your staff still hold physical documents, read the eVisa transition so you use the correct check.