What is a Right To Work (RTW) check?
A right to work check is a legal process that employers must follow to identify if an individual has the right to work in the UK.
Right to work checks are required by employers prior to an individual commencing employment and can be carried out by checking the applicant’s right to work online (if a share code has been provided).
If an individual is a EU citizen, online right to work checks apply, however for UK citizens original documents must be provided such as UK passport or birth certificate alongside proof of national insurance.
Why are Right To Work checks important?
Right to work checks allow businesses to identify and confirm their workers' status to legally work in the UK. An employer will check the right to work document of a contractor to avoid any penalties and debarments from the home office if they were to identify an illegal worker.
Fines for failing to carry out right to work checks and hiring illegal workers can be up to £20,000 per illegal worker, along with the risk of yourself and the employer facing a prison sentence. Any failures to carry out the required right to work checks will be reported back to HMRC and recorded which may affect future employability rights.
On 13 February 2024, the UK government increased the penalties for those employing illegal workers:
- For first-time offenders - the penalty increased from £15,000 to £45,000 per worker
- For repeat offenders - the maximum fine increased from £20,000 to £60,000 per illegal worker
What Right To Work documents will you need to provide?
HMRC have stated two lists of documents that will be accepted by an employer when proving your legal right to work in the UK.
UK
Passport, birth certificate + National insurance document or a certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
Channel Islands / Isle of man / Ireland
Passport or birth certificate + National insurance document
European & Swiss
Passport, national ID card, registration Certificate / Document certifying Permanent Residence or permanent residence card
Other nationalities (non-UK/EU/Swiss)
Biometric Immigration Document (Biometric residence permit aka BRP) with indefinite leave, current passport with indefinite leave + National insurance document, current Immigration Status Document + National insurance document, certificate of registration + National insurance document, passport with permission to stay in UK / allowed to do the type of work in question, biometric Immigration Document (BRP) with permission to stay in UK / allowed to do the type of work in question, current Residence Card with a family member of a European or Swiss national with right of residence, Current Immigration Status Document (BRP) with indefinite leave + National insurance document, certificate of application to a European or Swiss family member (< 6 months) + positive verification notice, application Registration Card + positive verification notice, a Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.
For further guidance around acceptable documents that can be provided to prove your right to work in the UK, you can visit the GOV.UK website.
Supply chain due diligence
Supply chain due diligence ensures that companies comply with relevant laws, regulations, and industry standards to avoid legal penalties, regulatory fines, lawsuits, and reputational damage.
Our handy blog summarises the importance of due diligence and details HMRC's Supply Chain Due Diligence principles of Check, Act and Review: