UK employers are legally required to check that every individual they employ has the right to work in the United Kingdom before employment begins. The duty is established under the Immigration, Asylum and Nationality Act 2006. A valid right to work check provides the employer with a statutory excuse against a civil penalty if the worker is later found to be working illegally. The maximum civil penalty for employing an illegal worker is £60,000 per worker for a first breach (from January 2024), doubled to £120,000 for repeat breaches.
There are three methods of conducting a right to work check. A manual document check involves inspecting and copying original acceptable documents (listed in the Home Office guidance) in the presence of the worker. A Home Office online check via the Employer Checking Service applies where a worker has an outstanding immigration application or appeal. For those with a biometric residence permit, UK Visas and Citizenship Application Services (UKVCAS) record, or status under the EU Settlement Scheme, a digital check through the UKVI online service is available and, since 6 April 2022, is the only valid method for these individuals; a manual check on documents will not provide a statutory excuse.
Employers must retain evidence of the check throughout employment and for two years after the individual leaves. Follow-up checks are required for workers with time-limited permission to work, timed to occur before the existing permission expires. An employer who has a genuine statutory excuse retains it even if the worker is subsequently found to be working unlawfully, provided the documents checked appeared genuine and belonged to the holder.