Do you really know who you are employing? The importance of right to work checks

Whether you’re hiring your first employee, growing your team, or replacing a key role, hiring employees is an exciting part of running any small business.

But before any new employee starts work, there is one critical step you must not forget: carrying out a right to work check.

Not only is this a legal requirement but if you go about it in the wrong way or forget an important detail, you’ll face crippling financial penalties, as well as potential reputational damage.

We look at everything you need to know to make sure you stay compliant as well as providing some additional advice on how to ensure you hire the right person for the job.

And be aware from 1 October, you’ll have to check the right to work in the UK of self-employed contractors as well, not just employees.

What is a right to work check?

A right to work check is the process of verifying a person is legally allowed to work in the UK before you employ or engage them. The rules are set by the Home Office and apply to businesses of all sizes and across all sectors and must be performed on every employee (and from October, every self-employed contractor).

How do you carry out a right to work check?

There are different methods for checking someone’s right to work depending on an individual’s status.

For UK and Ireland nationals:

• Manual right to work checks: the employer examines an individual’s original documents and checks them while the person is either present or on live video link. The main document used for this is a UK or Ireland passport, but Check the following lists to see which other documents are accepted. 
  

• Digital checks: only for verification of the identity of British and Irish citizens who hold a valid British or Irish passport. This method uses a certified digital verification service (DVS) - and you’ll have to pay for the service    

  
  

For those who aren’t UK or Ireland nationals:

• Online share code checks: mandatory for those with digital immigration status, the individual provides a share code and their date of birth, which the employer enters into the Home Office online checking service.
  

• Employer checking service: this is for when the individual can’t provide the right documents for a manual check and is unable to generate a share code for an online check.

While each of the above processes is slightly different, the three core steps remain the same.

Step 1: Obtain the appropriate evidence: when doing a manual check You must see original documents to be able to verify they are genuine. A photocopy or a photo is not acceptable - see the link to a cautionary tale below.

Step 2: Check the document/online check belongs to the person presenting them Double-check the documents (normally passport or online profile displayed after inputting a share code) in the presence of the individual either in person or via live video. This includes checking:

• the photo and date of birth are consistent

• any expiry dates or work restrictions

• the individual has permission to do the type of work you are offering.

Even when using online or digital checks that rely on electronic records, you must still meet the individual in person or via live video to verify that the document image matches the person presenting it.

Step 3: Copy and retain evidence

Record keeping is critical if you want to remain compliant.

• Make and retain clear copies of any documents you have checked

• Keep confirmation of any online check results

• Record the date when the check was carried out

• Retain this evidence for the duration of employment and for at least two years after it ends.

Step 4: Follow-up checks (if required)

Don’t forget to carry out a follow-up check if someone has time-limited permission to work in the UK. This is one of the most common compliance mistakes.

You cannot continue employing or engaging someone after their right to work in the UK has expired.

Avoid taking shortcuts

If you’re keen for someone to start work quickly it can be tempting to cut corners, but don’t!

As an employer, you have a responsibility to prevent illegal working, so if you are found to be employing someone who does not have the right to work in the UK, then you will face serious consequences.

Only last year a Surrey chip shop owner was fined £40k for hiring an illegal worker. His mistake – he only saw a photocopy of a passport and didn’t ask to see the original!

• Always ask to see someone’s passport, birth certificate, immigration status document: Even if you know the person personally, you need to carry out a formal check. Assurances or previous employment history are not enough.
  

• Only accept original documents. Photocopies or photos are not acceptable
  

• Remember to record the date: If you don’t you may struggle to prove compliance in the event of an audit.
  

• Run checks on everyone you want to hire: making assumptions about someone’s right to work or their immigration status is discriminatory. Be consistent in how you conduct right of work checks and treat everyone the same.
  

If you carry out right to work checks properly and are found to have unknowingly employed someone without the right to work, then you will have a “statutory excuse”. This is a legal defence UK employers can use against civil penalties, which can be up to £60,000 per worker. Reason enough not to make same “clerical error” the chip show owner made!

Additional advice for making the right hire

While right to work checks are a legal requirement for hiring anyone in the UK, there are several other things you can do to make sure you’re as confident as you can be that you’re hiring the right person for your business.

And with ordinary unfair dismissal rights applying from 6 months of employment (from Jan 2027), hiring the right people has never been so critical.

• Ask value-based interview questions: they might be able to do the job, but if their values don’t align with your company’s then chances are they won’t be the best fit.
  

• Set practical tasks: as part of the interview process ask someone to undertake a relevant task such as a presentation or technical exercise as this will help you assess if they can do the job.
  

• Use psychometric assessments: these are an excellent way of testing behaviours to ensure you select the best people for your business. We highly recommend Great People Inside who offer fully customisable assessments.
  

• Involve the team: introduce the potential hire to the other people they will be working with. This is an effective way of getting other people’s input as well as seeing how they interact with others.
  

• Always ask for references. While many companies won’t give detailed references, it will help you verify dates and positions, as well as confirm their CV or application form is accurate. If possible, see if you can speak to previous managers to verify their skills and work ethic.

Need help with hiring?

Hiring the right people can be a minefield, especially if you’re a small business without a dedicated HR department.  And that’s where we come in.

From advising you on right to work checks and how to build them into your recruitment process to providing you with practical advice on selection, induction and probation management, we’ll help you choose the right people for your business and ensure they are set up for success.    

We can also help you decide between employing someone, using a freelancer or self-employed contractor or outsourcing tasks to a supplier.

Get in touch to learn more about how we can help with your hiring process.