Right to work check

In plain English

UK employers must verify that every new hire has the legal right to work in the United Kingdom — before they start work. Skipping the check, doing it incorrectly, or relying on assumption can mean civil penalties of up to £60,000 per illegal worker (raised from £20,000 in February 2024).

The three valid methods

1. Manual check — examine original documents from List A (permanent right to work, no follow-up) or List B (time-limited, requires re-checking).
2. Online check — for workers with eVisas or pre-settled/settled status, use the Home Office service with a share code provided by the worker.
3. Identity Service Provider (IDSP) — digital identity verification, available for British and Irish passport holders only.

Statutory excuse

Doing the check correctly establishes a statutory excuse — a defence against the civil penalty if it later turns out the worker shouldn't have been employed. The excuse only protects you if the check was done properly: incorrect or incomplete checks provide no defence.

Record keeping

Keep evidence of the check (the document copy or online check confirmation) for the duration of employment plus two years. The record must show what was checked, the date, and who performed the check.

Re-checking

For List B documents (time-limited permission), the employer must re-check before each expiry. Forgetting to re-check on time also breaks the statutory excuse.

Discrimination risk

Asking every candidate, regardless of nationality, the same questions in the same way is essential. Asking only candidates who "look foreign" is unlawful discrimination and a separate liability.