Right to Work: A Guide for Employers

Louise Petty

March 4, 2026

4 min read

All UK employers have a legal responsibility to prevent illegal working. This means carrying out right to work checks before employing someone and keeping appropriate records of those checks. Failing to do so can lead to fines, penalties and reputational damage for the organisation. In this article, we’ll explain what the right to work means and how employers can check an employee’s eligibility to work in the UK in order to meet their legal requirements.

What is the Right to Work?

The right to work refers to a person’s legal entitlement to be employed in a particular country. In the UK, this means the individual has the necessary immigration status, visa or citizenship to work for an employer. Employers must confirm this entitlement before employment begins.

A person may have the right to work in the UK if they are:

A British or Irish citizen.
A person with settled or pre-settled status under the EU Settlement Scheme.
A non-UK national with a valid visa that permits work.
A person with indefinite leave to remain or another form of settled status.

Right to Work Laws

UK law requires employers to check that every employee has the legal right to work in the UK. Right to work checks must be completed before employment starts and, in some cases, repeated during employment if the individual has time-limited permission to work.

Right to work legislation requires employers to:

Conduct right to work checks before the first day of employment.
Check original documents or use an approved online checking service.
Ensure documents are valid and belong to the individual.
Keep clear records of the checks carried out.
Repeat checks where an employee has time-limited permission to work.

There are several pieces of UK legislation that reference the requirement for employers to carry out right to work checks. These laws include:

The Immigration, Asylum and Nationality Act 2006 – this law introduced the legal duty for employers to prevent illegal working and established civil penalties for employing individuals without the right to work.
The Immigration Act 2014 – this law strengthened enforcement powers and compliance measures, increasing the scrutiny on employers and their right to work procedures.
Immigration Act 2016 – this law introduced criminal offences for knowingly employing illegal workers and tougher sanctions for repeat non-compliance.
The UK Borders Act 2007 – this law supports broader immigration enforcement powers and the data-sharing measures that underpin right to work compliance.

Risks of Non-Compliance

Failing to carry out proper right to work checks can lead to serious consequences. Employers who do not meet their legal duties may face:

Civil penalties of up to £20,000 per illegal worker.
Criminal liability if illegal working is carried out knowingly.
Damage to business reputation and loss of sponsor licences.
Disruption to operations due to enforcement action.

How to Check Right to Work in the UK

The method used to check a person’s right to work depends on their nationality, immigration status and the documents they can provide. Employers must follow Home Office guidance and use one of the approved methods. Each method must be completed correctly.

There are three main ways to carry out a right to work check:

Using the Home Office online right to work checking service.
Checking original documents in person.
Using an Identity Service Provider for British and Irish citizens with valid passports.

Online Right to Work Checks

The Home Office online service is the preferred method for many individuals, particularly those with digital immigration status. Employers should:

Ask the candidate to provide a share code and their date of birth.
Use the online service to view their right to work status.
Confirm the photograph matches the individual.
Keep a copy of the profile page showing their right to work.

Right to Work Share Code

A share code allows employers to access an individual’s immigration status online. It’s commonly used by non-UK nationals with digital status. Important points about share codes include:

They are generated by the individual via the government website.
They are valid for 90 days.
They provide real-time confirmation of work permissions.
They remove the need to handle physical documents.

Manual Document Checks

Manual checks may still be required where online checks are not available. When checking documents in person, employers must:

Obtain original documents from the approved lists.
Check the documents are genuine and belong to the individual.
Ensure photographs and dates of birth are consistent.
Copy the documents and record the date of the check.

Using an Identity Service Provider (IDSP)

Employers can use certified Identity Service Providers to verify the identity of British and Irish citizens who hold valid passports. However, even if an external service is used, employers remain responsible for ensuring checks are completed correctly. Benefits of using an IDSP include:

Faster digital identity verification.
Reduced administrative burden.
Secure and compliant checks.

Ensuring every employee has the right to work is not just a legal requirement but a key part of responsible recruitment practices. With clear processes and regular checks, employers can protect their organisation from penalties while ensuring they employ staff legally and fairly.