Right to Work Checks
All UK employers must verify every employee's right to work before employment starts under the Immigration, Asylum and Nationality Act 2006. Failure to do so can result in civil penalties of up to £60,000 per illegal worker (from February 2024) and criminal prosecution.
Last updated: February 2025
Up to £60,000
Civil penalty per worker
Up to £60,000
Repeat offence penalty
2 years post-employment
Record retention
What the Law Says
The Immigration, Asylum and Nationality Act 2006 makes it unlawful to employ someone without the right to work in the UK. Employers must conduct checks before employment starts using one of three methods: manual document checks, Home Office online checking service, or Identity Document Validation Technology (IDVT) via an IDSP. Follow-up checks are required for time-limited permission.
Your Obligations as an Employer
- Conduct right to work checks on all employees before their start date
- Use the prescribed checking methods (manual, online, or IDVT)
- Retain copies of documents or share codes for 2 years after employment ends
- Conduct follow-up checks for employees with time-limited right to work
What to Include in Contracts
Include a condition precedent that employment is subject to satisfactory right to work verification, specify the requirement for follow-up checks where applicable, and note that continued employment is conditional on maintaining the right to work.
View related contract templateCommon Mistakes
- Conducting checks after the employee's start date
- Not conducting follow-up checks when right to work is time-limited
- Discriminating by only checking certain nationalities rather than all employees
FAQ
Can an employer use the online checking service for all workers?
The online service can only be used for employees with a biometric residence permit/card, frontier worker permit, or eVisa status. EU Settlement Scheme holders must use the online service. British and Irish citizens with passports can use IDVT or manual checks.
What if an employee's right to work expires during employment?
The employer must conduct a follow-up check before the permission expires. If the employee has no further right to work and no pending application, continued employment is unlawful. If an in-time application has been made, the employee has a statutory excuse while the application is pending.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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