Definition · Onboarding and compliance
Right to Work Check
Definition
A right to work check is the legal check a UK employer must carry out before employment starts to confirm a person is allowed to work in the UK and do the job offered. Done correctly, it gives the employer a statutory excuse against a civil penalty if the person later turns out to be working illegally.
Also called: UK right to work check, Right to work verification, Right to work documents check
The three ways to check
Home Office guidance sets out three methods:
- Manual document check. The employer sees original documents from the approved lists, checks them in the presence of the holder (in person or by live video with the originals sent in), copies them and records the date. Used mainly for British and Irish citizens with physical documents.
- Home Office online check. For people with digital immigration status (eVisa, settled or pre-settled status and similar). The candidate gives a share code, and the employer views their status on the GOV.UK service and keeps the result. Physical documents are no longer acceptable for these workers.
- Digital identity check through a certified Identity Service Provider (IDSP). Available for British and Irish citizens with a valid passport. The provider verifies the identity document digitally; the employer remains responsible for the outcome.
Whichever method applies, the check must be complete before the first day of work.
Follow-up checks and records
People with time-limited permission to work need a follow-up check before their permission expires. Missing it removes the statutory excuse from that date. A simple expiry tracker, reviewed monthly, handles most of the risk.
Employers must keep copies of the documents or online check results securely for the duration of employment and for two years after it ends, then delete them, in line with UK GDPR. Civil penalties for employing someone without the right to work can reach tens of thousands of pounds per worker, with higher amounts for repeat breaches, and knowingly employing an illegal worker is a criminal offense.
Avoiding discrimination
Check every new hire, not only people who look or sound foreign. Selective checks risk race discrimination claims under the Equality Act 2010. It is also unlawful to refuse to consider people with time-limited permission who are entitled to work. Ask about right to work in the same way and at the same stage for all candidates; many employers do it at offer stage as part of identity verification.
UK right to work check vs. US work authorization
In the US, the equivalent process is work authorization verification on Form I-9, completed by the end of the employee's third business day, optionally confirmed through E-Verify. The structure is similar (see documents, record the check, reverify when permission expires), but the forms, timing and penalties differ.
Do not confuse a right to work check with US right-to-work states. That term refers to state laws on union membership and fees, not immigration status.
High-volume and remote hiring tips
For seasonal warehouse or retail hiring, right to work checks are often the step that delays first shifts. Collect share codes or IDSP checks at offer, not on day one. For remote hires, a manual check by video call is allowed only if the original documents are in the employer's hands first; otherwise use the online or IDSP route. Agencies supplying temps generally carry the check for their own workers, but confirm in the contract who does what.
Frequently asked questions
What is a right to work check?
It is the check UK employers must carry out before someone starts work to confirm they are legally allowed to work in the UK and do the job, which gives the employer a statutory excuse against penalties.
What documents are needed for a right to work check?
British and Irish citizens can show a passport or other documents on the Home Office lists, or use a digital IDSP check. People with digital immigration status share a code for an online Home Office check instead of showing physical documents.
When must a right to work check be done?
Before the person starts work. Follow-up checks are required before any time-limited permission expires.
How long should right to work records be kept?
For the length of employment plus two years, stored securely and then deleted.
Is a UK right to work check the same as Form I-9?
They serve the same purpose but are different processes. The I-9 is the US employment eligibility form completed within three business days of hire; the UK check must be done before work starts and uses Home Office methods.