Right to work

Also called Right to work check, Illegal working

Checking that someone may legally work in the UK, before they start. A statutory duty with large civil penalties.

What it means

Employers must check that every employee has the right to work in the UK before their first day, and keep evidence of the check.

Doing it correctly gives a statutory excuse against a civil penalty if the person turns out not to have the right.

Why it matters

Civil penalties for illegal working are substantial, per worker, and have been increased significantly. There are criminal offences for knowing or having reasonable cause to believe someone lacks the right.

The penalty applies even where the employer was deceived, unless the check was done properly.

What it looks like in practice

Three routes: a manual check of original documents in the person's presence, the Home Office online service using a share code, or an Identity Service Provider using digital identity verification for British and Irish citizens.

Copy and date the evidence, and diarise follow-up checks where permission is time-limited.

Check everyone. Checking only some people, or only those who appear foreign, is race discrimination.

What to watch out for

Starting someone before the check is complete. There is no grace period.

Accepting a document you cannot verify. The Home Office publishes the acceptable lists and they change.

Where to get proper advice

The Home Office employer's guide to right to work checks is the authority and is updated regularly. Check it each time rather than working from memory.