Guide

Right to work check for employers: the duty, the routes, the penalty

Updated

The employer duty is narrow and specific: check before they start, by one of three recognised routes, and check again if the permission runs out. Almost every penalty comes from missing one of those three, not from a hard judgement call.

Talk to a specialist One minute in the wizard against a civil penalty of up to £60,000 per illegal worker.

Before they start, not after

Gov.uk puts the timing first: "You must check that a job applicant is allowed to work for you in the UK before you employ them" (gov.uk). A check run in week two is not a late check, it is an absent one for the purposes of the period before it.

This is the most common failure in a small business, and it is usually administrative rather than deliberate: the person starts on a Monday, the paperwork happens when someone gets to it, and the gap is the exposure.

The three routes gov.uk recognises

Online check with a share code
Where the applicant has given you their share code, you "check the applicant's right to work online". This is the route for most people with digital immigration status.
Manual check of original documents
You "check the applicant's original documents". Originals, in the applicant's presence or on a live video call while you hold the documents, not scans emailed ahead.
Identity service provider using IDVT
An identity service provider offering Identity Document Validation Technology can carry out the check for holders of valid British and Irish passports. You still keep the output.

Which route applies is decided by the person's status and documents rather than by employer preference. A share code is not available for everybody, and a manual check is not valid for somebody whose status is digital only.

Time-limited permission means a diary entry

"If your employee's right to work is time-limited, you'll need to check their documents again when it's due to expire." That converts a hiring task into an ongoing one, and it is where a compliant hire becomes a non-compliant employment months later. The date belongs in a system that will surface it, not in the file the original check went into.

What it costs to get wrong

Gov.uk states you "might have to pay a civil penalty (fine) of up to £60,000 for each illegal worker" (gov.uk). Per worker, not per incident, which is what makes a systematic gap in a small workforce a serious number rather than an irritating one.

A correct check carried out properly and retained is what stands between an employer and that penalty. The Home Office publishes an employer's guide setting out the detail of each route and what must be kept (gov.uk).

The three questions worth auditing your own process against

  • Can you evidence the date of every check? The record has to show the check happened before employment began, not merely that it happened.
  • Did you use the route that applies to that person? A manual document check on somebody with digital-only status does not establish what you needed it to.
  • Do you know which of your staff have time-limited permission, and when it expires? If that list does not exist, follow-up checks are being missed by default rather than by decision.

Where this page stops

This sets out the duty as gov.uk states it. It does not interpret any individual's immigration status, which depends on documents and circumstances we cannot see, and it is not a substitute for the Home Office employer's guide where a case is not straightforward.

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Questions, answered directly

When must an employer carry out a right to work check?

Before employment begins. Gov.uk states you must check that a job applicant is allowed to work for you in the UK before you employ them, so a check run after the start date does not cover the period before it.

What are the ways to do a right to work check?

Three: an online check using the applicant's share code, a manual check of their original documents, or a check through an identity service provider using Identity Document Validation Technology for valid British and Irish passport holders.

What is the penalty for employing someone without the right to work?

Gov.uk states an employer might have to pay a civil penalty of up to £60,000 for each illegal worker. It is assessed per worker rather than per incident.

Do I need to check again after someone has started?

Yes where their right to work is time-limited. Gov.uk states you will need to check their documents again when the permission is due to expire, which makes it an ongoing obligation rather than a hiring one.

Can I accept a scanned document by email?

A manual check is a check of original documents. Where the person holds digital-only status, the online share code route applies instead, and neither is satisfied by a scan sent ahead of the check.

Sources

  1. gov.uk, checking a job applicant's right to work
  2. gov.uk, check a job applicant's right to work: use their share code
  3. gov.uk, prove your right to work to an employer
  4. gov.uk, penalties for employing illegal workers
  5. Home Office, employer's guide to right to work checks (26 June 2025 accessible edition)
  6. Home Office, right to work checks employer guidance collection
  7. gov.uk, right to work checklist

Check before the first shift, not after

One minute in the wizard against a civil penalty of up to £60,000 per illegal worker.

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