Every UK employer has a legal duty to ensure that anyone they hire has the right to work before employment begins. This responsibility applies to all prospective employees, regardless of nationality or role, and is one of the most closely monitored compliance areas under the Home Office’s illegal working enforcement regime. Conducting the right checks is essential-not just to avoid fines but also to gain a statutory excuse against civil liability.
The statutory excuse is only established when checks are completed exactly as outlined in the Home Office’s Right to Work Checks Employer Guidance, issued under the Immigration, Asylum and Nationality Act 2006 and reinforced by the Immigration Act 2016. Correct checks protect businesses from civil penalties of up to £60,000 per illegal worker, depending on whether the breach is a first offence or a repeat violation.
Applicability Across All Employers
The rules apply consistently to all employers, from small businesses to multinational organisations. As UK immigration records become increasingly digital, online checks are now the standard for most non-British and non-Irish nationals. Physical documents remain valid in certain cases, but distinctions between digital and paper records can create uncertainty. Since January 2025, Biometric Residence Permits (BRPs) are no longer accepted as standalone evidence. Even valid BRPs must be verified online, as the Home Office recognises only digital records as authoritative.
Importance of Compliance
Right-to-work compliance is far from a simple administrative task. Mistakes can expose employers to civil and criminal penalties, operational disruption, and reputational damage. Employees without acceptable proof may miss out on jobs or face delays.
Differences in Verification Methods
British and Irish citizens follow a different verification process than those with digital immigration permission. All methods-including manual checks, online checks, and IDSP digital verification—carry strict legal requirements.
Understanding the Right to Work
Right-to-work rules are the backbone of the UK’s illegal working compliance framework. Employers must understand who needs to prove their status, what constitutes a statutory excuse, and the legal framework set out in the Immigration, Asylum and Nationality Act 2006 and Immigration Act 2016, supported by Home Office guidance.
Employers gain a statutory excuse against civil penalties only when checks are carried out properly. Incorrect or incomplete checks can result in fines, even if the employer genuinely believed the worker could legally work.
The right to work applies to everyone starting employment in the UK. British and Irish citizens usually provide passports or specific birth certificate and National Insurance combinations. Non-British and non-Irish nationals generally rely on digital immigration status. Employers cannot rely on assumptions or verbal assurances; each check must follow the strict process for the evidence presented.
It is important to note that right to work is separate from permission to be in the UK. Some people may have immigration permission that does not allow work, or that restricts working hours or type. For example:
- Visitors can never work.
- Students may work limited hours.
- Dependants usually work without restriction.
- Sponsored workers may only work for a specific employer, role, and skill level.
The move to digital immigration records adds complexity. Many non-British and non-Irish nationals now hold an eVisa, verified online rather than via physical cards. BRPs alone are no longer sufficient evidence. Employers must rely on the digital record to ensure compliance.
Failure to verify correctly exposes employers to penalties and potential criminal investigation, while workers risk losing job opportunities. Proper checks benefit both employers and employees by ensuring lawful and uninterrupted employment.
How Individuals Prove Their Right to Work
Individuals demonstrate their right to work by presenting evidence of identity and legal work permission. Acceptable evidence is strictly defined by the Home Office. Employers cannot accept unofficial documents, however convincing they may appear.
Digital Status and Share Codes:
Most non-British and non-Irish nationals now rely on digital status via the Home Office’s eVisa system. A share code generated by the individual allows employers to access the official online status record, showing identity, permission type, work restrictions, and expiry date. Screenshots are not valid; employers must download or securely store the official record.
British and Irish Citizens:
These individuals cannot use the online service. Right to work is proven through original documents, such as passports or specified birth certificate/National Insurance combinations. Expired passports remain valid. IDSP digital checks can verify identity for current passports, but the employer remains responsible for compliance.
Physical Immigration Documents:
Some individuals may still hold BRPs, BRCs, or stamped endorsements. However, from January 2025, BRPs cannot be used as standalone evidence. Employers must complete digital checks when required.
Employer Checking Service (ECS):
When evidence cannot be provided, the ECS confirms permission to work. The Home Office issues a Positive Verification Notice (PVN) valid for six months, requiring a follow-up check before expiry. Employers cannot allow work until the evidence is confirmed.
Time-Limited Permission:
Workers with limited permission must undergo follow-up checks to maintain the statutory excuse. Employers must track expiry dates carefully to avoid compliance breaches.
Employer Right to Work Checking Process
Employers can conduct checks via:
- Manual document checks – examine original documents in person, retain copies, confirm authenticity, and note any restrictions.
- Online checks – use share codes for digital status, confirm the individual matches the record, and store the official Home Office profile.
- IDSP checks – verify identity for eligible British and Irish citizens; liability for compliance remains with the employer.
Checks must be completed before employment starts, and records kept securely for the duration of employment plus at least two years. Procedures must be applied consistently to all applicants to avoid unlawful discrimination under the Equality Act 2010.
What to Do When Evidence Cannot Be Proven
Sometimes, individuals cannot immediately prove their right to work due to pending applications, system issues, or missing documents. Employers cannot rely on assumptions or an alternative ID.
The ECS may be used to obtain a PVN valid for six months. Employment cannot begin until permission is confirmed. Employers must have systems to monitor expiry dates and follow up promptly. Strong record-keeping reduces the risk of fines and ensures compliance during Home Office audits.
FAQs
What documents prove right to work?
Depends on nationality and status. British/Irish citizens: passports or birth certificate/NIN combinations. Non-British/non-Irish nationals: digital status via share code.
How do share codes work?
Generated via the GOV.UK “Prove your right to work” service and provide online access to official status.
Can expired passports be used?
Yes, for British/Irish citizens only. Must be checked in person and copied.
What if the online check fails?
Use the ECS or ask the individual to retry. Do not assume permission.
Do settled or pre-settled status allow work?
Yes, verified digitally via share code.
How often are follow-up checks needed?
Before any time-limited permission expires.
Can a job offer be withdrawn if evidence is not available?
Yes, employers cannot lawfully employ without confirmed right to work.
Conclusion
Right to work compliance is a legal obligation for all UK employers. Correct checks protect businesses from penalties, ensure lawful employment, and support a smooth recruitment process. The shift to digital records places greater emphasis on online verification, share codes, and accurate record-keeping.
By following prescribed processes consistently and maintaining strong systems, employers can minimise risk, avoid financial and reputational harm, and ensure fair treatment for all workers.
How LawSentis Can Help
Navigating right-to-work compliance can be complex, especially with evolving digital requirements. At LawSentis, we provide expert UK immigration and employment guidance, helping employers implement compliant checks, maintain accurate records, and manage digital status verification. Our team supports individuals and businesses to ensure lawful employment, avoid penalties, and streamline recruitment processes. Contact us for tailored advice and solutions to safeguard your workforce.