What is a right to work check in the UK?
A right to work check is a legal process that employers must follow to identify if an individual or worker has the legal right to work in the UK. Right to work checks play an integral role in preventing illegal working and ensuring that businesses comply with UK immigration laws and compliance.
What is a right to work document in the UK?
A right to work document in the UK is a government-approved document that proves an individual's legal eligibility to work in the country.
Common Types of Right to Work Documents and when they can be used to prove right to work in the UK:
British or Irish Citizens:
- UK/Irish Passport or Passport card: A valid British or Irish passport or passport card can be used to prove the right to work in the UK for British or Irish Citizens. Passports or passport cards can be current or expired.
- Birth or Adoption Certificate: UK/Irish-born individuals can provide birth or adoption certificates to prove their right to work should they not have a passport or passport card.
- Certificate of registration as a British Citizen: UK/Irish-born individuals can provide a certificate of registration as a British Citizen to prove their right to work should they not have a passport or passport card.
Individuals must also provide employers with an official letter or document from a previous employer or government agency, showing their name and National Insurance number.
EU Citizens:
- Share code: EU, EEA, and Swiss citizens may present a share code to prove their right to work under the online checking system.
- Immigration Documents: Non-UK nationals may need to show specific immigration documents issued by the Home Office.
Read more on acceptable proof of right to work in the UK on the GOV.UK website.
What are the consequences of failing to perform Right to Work checks?
Failing to undertake correct right to work checks poses significant risks to employers in the UK, including legal, financial, and reputational consequences including:
- Fines and Civil Penalties: Employers can face fines of up to £20,000 per illegal worker should an employee be found to be working illegally.
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
- Criminal Prosecution: Employers may face criminal charges, which could lead to unlimited fines or imprisonment should they be proven to have knowingly employed an individual without the right to work.
- Reputational Damage: Non-compliance can harm a company’s reputation, leading to a loss of trust from customers, clients, and potential employees.
- Business Disruption: The legal consequences of non-compliance can disrupt business operations, as illegal workers may need to be dismissed immediately.
How can employers complete right to work checks?
Employer right to work checks must be completed prior to an individual commencing employment and can be completed by checking the applicant’s right to work physically, online (if a share code has been provided), or digitally by using Identity Document Validation Technology (IDVT).
Manual right to work checks
- Involves the inspection of original, physical right to work documents
- Employers must assess and approve documents on the basis that they are genuine and match the applicant
Online right to work checks
- Employers enter an employees share code and date of birth into the Home Office’s online checking service to verify their right to work.
Digital right to work checks
- Involves electronic verification systems provided by the Home Office to verify an individual's right to work on behalf of an employer.
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:
Right to work FAQs
You should check an applicant's Right to Work in the UK before they begin employment. This includes checking and retaining copies of documents. Conducting these checks at the start of the hiring process is crucial for legal compliance and avoiding penalties.
You should repeat a Right to Work check when an employee has time-limited permission to work in the UK. For example, if an employee has a temporary visa or if an employee renews or changes their immigration status. The follow-up check must be done before their current work authorization expires.
The Employer Checking Service (ECS) is a free online tool provided by the Home Office that allows employers to verify an individual's Right to Work when they cannot provide the required documents. It’s mostly used in situations where an employee's immigration status is under review or they have an outstanding application or appeal with the Home Office.