Right to Work
Right to work checks are mandatory UK employer checks to verify an employee is legally permitted to work in the UK before employment starts.
legal-terms
Category
intermediate
Difficulty
6 min read
Read time
2025-01-15
Updated
Definition
Short definition
Right to work checks are mandatory UK employer checks to verify an employee is legally permitted to work in the UK before employment starts.
Detailed explanation
Right to work checks are required before employment begins to verify someone can legally work in the UK. Employers must check original documents, verify authenticity, and keep records.
Acceptable documents include UK passport, EU settled/pre-settled status, valid visa, or biometric residence permit. The check must be done in person or via online checking service.
Employers face civil penalties up to £60,000 per worker for employing illegal workers. Criminal liability applies for knowingly employing illegal workers.
Practical guidance
How it works
Before start: obtain original documents, check validity, verify against person, make dated copies, check online if applicable. Repeat for time-limited status.
Best practices
Check before employment starts
Use online service where possible
Keep clear records with dates
Set reminders for follow-up checks
Train HR staff on acceptable documents
Legal context
Legal basis
Immigration, Asylum and Nationality Act 2006
Jurisdiction: United Kingdom
Key provisions
Check before employment starts
Check original documents
Use online service where applicable
Keep dated copies for employment plus 2 years
Follow-up for time-limited permissions
Civil penalty up to £60,000 per worker
Official source
Frequently asked questions
When must I do a right to work check?
Before employment starts - ideally at job offer stage. You cannot employ someone without completing the check first. This applies to all employees regardless of nationality.
What if someone has an EU passport?
Since Brexit, EU nationals need to show settled or pre-settled status (via online check) or valid visa. An EU passport alone is not sufficient unless showing Irish citizenship.