Right to Work Checks: The Complete Guide for UK Employers

What Is a Right to Work Check?

A Right to Work (RTW) check is a legal requirement for every UK employer. Before anyone starts working for you, you must verify that they have the legal right to work in the United Kingdom.

This means:

1. Checking their documents — obtain originals from the Home Office approved lists
2. Verifying they’re genuine — confirm the documents belong to that person
3. Retaining copies — keep clear copies on file along with the date of your check

This must happen on or before their very first day of employment.

Who Must Carry Out RTW Checks?

Every single UK employer — no exceptions:

• Sole traders
• Startups
• SMEs
• Large corporates

The legal liability sits with you as the employer, even if you delegate the check to someone else on your team.

The Three Prescribed Methods

There are three Home Office-approved ways to carry out a Right to Work check:

1. Manual Document Check

Obtain original documents from the Home Office’s approved lists (List A or List B) and verify them in the person’s presence. You must check that the documents are genuine, belong to the holder, and allow them to do the work you’re offering.

2. Home Office Online Check

The individual provides you with a 9-character share code linked to their digital immigration record. You verify it through the government’s online service at gov.uk. This method is required for individuals with a Biometric Residence Card, Biometric Residence Permit, or status under the EU Settlement Scheme.

3. Digital Identity Check

Carried out through a certified Identity Service Provider (IDSP). This route is currently available for British and Irish passport holders only.

Who Do You Need to Check?

Every single prospective employee — regardless of their nationality:

• British citizens
• Irish nationals
• EU nationals
• All visa holders

You cannot pick and choose who you check. Selectively checking only certain people based on their appearance or nationality is unlawful discrimination.

Penalties for Non-Compliance

The consequences are serious:

There is no cap on the total.

Beyond fines, you risk:

• Criminal prosecution — up to 5 years in prison and an unlimited fine
• Sponsor licence revocation — if you hold one, it could be revoked
• Public naming — the Home Office publishes a list of penalised employers every quarter

Your Legal Protection: The Statutory Excuse

When you carry out a Right to Work check correctly, you earn what’s called a statutory excuse. This is your legal defence against a civil penalty, even if an employee later turns out to have no right to work in the UK.

Getting this right doesn’t just tick a compliance box — it genuinely protects your business.

Key Takeaways

• RTW checks are mandatory for every UK employer before an employee’s first day
• There are three prescribed methods — manual, online, and digital identity
• You must check everyone equally to avoid discrimination claims
• Penalties start at £45,000 per worker with no cap
• A correct check earns you a statutory excuse — your legal shield

All compliance content verified against the Home Office Employer’s Guide to Right to Work Checks (26 June 2025) and the Code of Practice on Preventing Illegal Working (13 February 2024).