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Right to Work Check: A Complete Guide for UK Employers

right to work check

  Table of Contents

Every UK employer has a legal responsibility to ensure that employees have the correct permission to work before starting employment.

Right to work check help businesses confirm that a person is legally allowed to work in the UK. Completing these checks correctly protects organisations from penalties, support UKVI compliance, and ensure a fair hiring process.

In this guide, we’ll explain what right to work checks are, what documents employers need to check, how the process works, and how HR software can help businesses manage compliance more efficiently.

What Is A Right to Work Check?

A right to work check is the process employers use to verify that a candidate or employee has permission to work in the UK.

Before someone starts work, employers must check acceptable proof of right to work documents and confirm that the information is valid.

A right to work check usually involves:

  • Checking approved documents
  • Confirming the person’s identity
  • Verifying their permission to work
  • Keeping accurate records
  • Completing follow-up checks where required

These checks apply to all employers hiring workers in the UK, regardless of nationality.

Who Needs a Right to Work Check?

In the UK, employers must complete a right to work check for all new employees before they start work. This applies regardless of nationality, meaning employers should check British and Irish citizens as well as overseas workers.

A right to work check helps employers confirm that a person is legally allowed to work in the UK and protects businesses from compliance risks.

Employers may need to check:

  • British and Irish citizens
  • EU citizens with immigration status requirements
  • Workers with visas or limited permission to work
  • Temporary and permanent employees
  • Full-time and part-time employees

The documents or verification method will depend on the individual’s status. For example, British and Irish citizens may usually prove their right to work using eligible identity documents, while some overseas workers may need to provide a digital share code.

Completing checks consistently for every new starter helps employers maintain fair hiring practices and meet UK employment compliance requirements.

Why Is Right to Work Check Important?

Right to work check is a key part of UK employment compliance.

Completing checks properly helps employers:

Avoid penalties

Employers who hire someone without the correct permission to work may face financial penalties and legal consequences.

Maintain compliance

Following the correct process helps businesses meet Home Office and UKVI requirements.

Protect hiring decisions

Proper checks ensure employees are hired fairly and legally.

Keep accurate HR records

Maintaining proof of checks creates a clear compliance trail.

Employer Right to Work Check Requirements

Employers must complete a right to work check before an employee begins work.

The process includes:

1. Request proof of right to work

Employees may provide documents such as:

  • British or Irish passports
  • Immigration documents
  • Visa evidence
  • Digital right to work status

The documents must be valid and belong to the individual.

2. Check the documents carefully

Employers should confirm:

  • The document belongs to the employee
  • Details match the person
  • The document has not expired (where applicable)
  • The employee has permission to work

For some workers, employers may need to complete an online right to work check using a share code.

3. Keep records

Employers must keep evidence that checks were completed correctly.

Records should include:

  • Copy of documents checked
  • Date the check was completed
  • Details of any follow-up checks needed

These records help demonstrate compliance if requested.

Right to Work Documents: What Can Employees Use?

The documents required depend on the individual’s circumstances.

Common right to work documents include:

  • Passport
  • Immigration status documents
  • Visa documents
  • Digital proof of status
  • Share code verification

Employers should always check the latest Home Office guidance because acceptable documents can change.

What Is a Right to Work Share Code?

A share code is a digital code that allows employers to check someone’s right to work online.

Employees with digital immigration status can generate a share code and provide it to their employer.

Employers can use this information to confirm:

  • The person’s identity
  • Their right to work status
  • Any work restrictions

A share code check helps simplify the right to work verification process.

How to Complete an Online Right to Work Check

An online right to work check involves:

  1. Receiving the employee’s share code
  2. Accessing the official checking service
  3. Reviewing the employee’s details
  4. Confirming they are allowed to work
  5. Recording the result

Digital checks make it easier for employers to manage remote hiring and maintain accurate compliance records.

Right to Work Check for Existing Employees

Some employees only have permission to work for a limited period.

In these cases, employers must complete follow-up checks before the permission expires.

This includes workers with:

  • Time-limited visas
  • Temporary immigration status
  • Expiring work permissions

Tracking expiry dates is essential to avoid missed checks.

Common Right to Work Check Mistakes

Many employers make mistakes that can create compliance risks.

Common issues include:

Accepting incorrect documents

Employers should only accept approved evidence.

Not completing checks before employment starts

Checks must be completed at the correct time.

Forgetting follow-up checks

Temporary permissions require repeat checks.

Poor record keeping

Missing evidence can make it difficult to prove compliance.

How HR Software Helps Manage Right to Work Compliance

Managing right to work check manually can become difficult as businesses grow.

HR software can help employers:

  • Store right to work documents securely
  • Track document expiry dates
  • Send automated reminders
  • Maintain employee records
  • Support compliance reporting

Using UKVI compliance software helps businesses manage these processes, reduce manual effort while supporting ongoing compliance requirements.

Right to Work Check FAQs

What is a right to work check?

A right to work check confirms whether a person is legally allowed to work in the UK.

What documents prove right to work?

Documents can include passports, immigration documents, visas, or digital status checks depending on the individual’s situation.

Do all employers need to complete right to work check?

Yes. UK employers must check every employee’s right to work before employment begins.

How do employers check right to work online?

Employers can complete an online check using the employee’s share code and official verification process.

How long should employers keep right to work records?

Employers should keep records according to current Home Office requirements and compliance guidance.

Conclusion

Right to work checks are an essential part of hiring and HR compliance in the UK.

By checking documents correctly, maintaining records, and using digital HR tools, employers can simplify compliance and reduce the risk of errors.

A structured right to work process helps businesses build a legally compliant workforce while making hiring smoother for everyone.

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