Right to Work Check Support for UK Employers

Every UK employer must check that each person they employ has the right to do the work in question before the work starts, without exception. The check applies whatever the person's nationality, length of service or role, and British and Irish citizens are checked too. Checking only some workers, or only those who appear to be from overseas, is not enough and can be unlawful discrimination. From 1 October 2026 the duty also covers people engaged under a worker's contract, individual sub-contractors and people found through online matching services, as explained below.

The purpose of the check is to establish what is known as a statutory excuse: a legal defence that protects the employer from a civil penalty if it later emerges that the worker did not have the right to work. Without a correctly conducted and retained check, the employer is fully exposed to a civil penalty of up to £45,000 per worker for a first breach and up to £60,000 per worker for a repeat breach, regardless of whether they knew the worker lacked permission.

The right to work scheme is set out in the Immigration, Asylum and Nationality Act 2006 and explained in the Home Office's Employer's guide to right to work checks: 1 October 2026, which applies to checks carried out on or after that date. A check made before 1 October 2026 is judged against the guide and code of practice in force when it was made.

Contractors, Gig Workers and Substitution from 1 October 2026

Section 48 of the Border Security, Asylum and Immigration Act 2025 extended the scheme. For engagements that begin on or after 1 October 2026, a business must also check people it engages under a worker's contract, individual sub-contractors, and people whose details an online matching service passes to clients or customers, such as gig and platform workers. The business that contracts directly with the person carries out the check in the usual way.

Liability can also reach further up the chain. A contractor higher up a chain of contracts, or an online matching service, can be treated as the employer of the person doing the work. It protects itself by putting prescribed written terms in its contracts before the work starts and keeping systems that confirm the person doing the work is the person who was checked. Where a contract lets a worker send a substitute, the substitute must be checked before they start, as well as the original worker.

The scheme does not cover a person running a genuinely independent business, in their own name or through their own company, who contracts directly with customers, or a client that contracts with a personal service company. Calling someone self-employed does not settle this. What matters is how the arrangement works in practice.

The eVisa Transition: What Changed and Why It Matters

The UK completed its transition to a fully digital immigration status system at the end of 2024. Biometric Residence Permits (BRPs) ceased to be issued on 31 October 2024. Critically, for the purposes of right-to-work checks, a manual inspection of a physical BRP, even if the card appears valid and shows a future expiry date, no longer establishes a statutory excuse.

Workers who previously held BRPs now hold their immigration status as an eVisa, a digital record linked to a UKVI account. For these workers, the only method that establishes a statutory excuse is the Home Office online checking service, accessed via a share code generated by the worker. If you have existing employees whose right to work was last verified by a manual BRP check and you have not since conducted an online share code check, your statutory excuse for those individuals is now uncertain and should be addressed urgently.

There is no single method that applies to all workers. The correct method depends on the individual's nationality and immigration status. Using the wrong method, even if the worker genuinely has the right to work, removes your statutory excuse. The three prescribed methods in 2026 are:

1. Online Share Code Check  (mandatory for all eVisa and digital status holders)

This is now the standard and, in most cases, the only valid method for any non-British, non-Irish worker whose immigration status is held digitally. This includes all eVisa holders, EU Settlement Scheme status holders, Skilled Worker visa holders, and all other workers who previously held a BRP.

The worker generates a unique 9-character alphanumeric share code through their UKVI account at gov.uk/prove-right-to-work. The code begins with the letter "W" for right-to-work purposes. The employer enters this code along with the worker's date of birth at gov.uk/view-right-to-work to access the worker's current immigration status in real time. The result shows whether the worker has the right to work, any restrictions, and any expiry date requiring a follow-up check.

The employer must save or print the profile page returned by the online service as the record of the check. The check must be completed before employment starts, and the record must be retained for the duration of employment plus two years.

2. Manual Document Check  (for British and Irish nationals without digital status)

A manual document check involves physically inspecting an original document from the Home Office's List A or List B of acceptable documents. The employer must verify that the document appears genuine, that it belongs to the person presenting it, and make a clear, dated copy.

List A documents establish a permanent statutory excuse for that employment with no follow-up check required. List B documents establish a time-limited statutory excuse and require a repeat check before the document expires. The most common List A document for British nationals is a valid UK passport. Irish citizens may use a valid Irish passport or passport card.

This method is primarily for British and Irish nationals who do not have or choose not to use digital status. Manual checks on BRPs are not a valid method for establishing a statutory excuse in 2026.

3. Digital Verification Service (DVS)  (for British and Irish passport holders)

British and Irish citizens with a valid passport or Irish passport card may be verified through a certified Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT). This is a digital route that provides the same legal outcome as a manual check and establishes a statutory excuse. Use of IDSPs is voluntary. Only certified IDSPs on the Home Office register should be used.

The Employer Checking Service (ECS)

The Employer Checking Service is used when an individual cannot prove their right to work through any of the three standard methods, most commonly when they have a pending application or appeal with the Home Office and their current permission is about to expire or has expired. The ECS issues a Positive Verification Notice (PVN) if the worker has the right to continue working while their application is pending, providing a six-month statutory excuse. The employer must conduct a follow-up check before the PVN expires.

Importantly, the ECS will not issue a PVN where the individual has an eVisa available in a UKVI account. In that situation, the online share code check must be used. The ECS is therefore a fallback mechanism only for cases where online verification is genuinely not possible.

Follow-Up Checks: When and Why They Are Required

For workers who have time-limited immigration permission, a single right-to-work check at the start of employment is not sufficient. You must conduct a follow-up check before the worker's permission expires to maintain your statutory excuse. The online checking service displays any relevant expiry date, making it straightforward to schedule follow-up checks in advance. Missing a follow-up check deadline exposes you to a civil penalty for the period after the permission expired.

Record Retention

All evidence of right-to-work checks must be retained for the full duration of employment and for two years after employment ends. Records must be accessible for inspection and stored securely in compliance with UK data protection law. For online checks, retain the saved or printed profile page. For manual checks, retain clear, legible copies of the original documents, dated to show when the check was made. Our UKVI compliant HR software manages this record retention and schedules follow-up checks automatically.

Non-Discrimination Requirements

The right-to-work regime must be applied consistently and without discrimination. The law requires that all employees, regardless of their perceived nationality, appearance, or background, are subject to the same check process. Selective checking, even if well-intentioned, can constitute unlawful discrimination. A consistent, documented process applied uniformly to every new hire is the correct approach.

Read the Home Office Employer's Guide to Right to Work Checks on GOV.UK.