UK employers have a legal duty to check that every person they employ has the right to work in the UK, before employment starts -- get it wrong and the business can face a civil penalty of thousands of pounds per illegal worker, on top of reputational and, in serious cases, criminal risk. This guide explains what checks are required, how digital checks now work for many document types, and what happens if an employer gets it wrong in 2026/27.
The Employer’s Legal Obligation
Employers must check that every prospective employee has the right to work in the UK before they start employment, and repeat the check for anyone with time-limited permission before that permission expires. This applies to every new hire, regardless of nationality -- including British and Irish citizens, since a consistent, non-discriminatory process for all applicants is itself part of complying with the law without inadvertently discriminating against particular groups.
Carrying out a compliant check before employment starts gives the employer a statutory excuse against a civil penalty if it later turns out the individual did not actually have the right to work, provided the check was done correctly and in good faith.
Acceptable Documents and Methods
There are three main routes to carrying out a compliant check, depending on the individual's status:
Manual document check: checking original, physical documents such as a British or Irish passport in person, following the prescribed list of acceptable documents.
Digital check via the Home Office online service: for individuals with an eVisa or other digital immigration status, using a share code the individual generates to let the employer view their status online.
Digital check via a certified Identity Service Provider (IDSP): for British and Irish citizens using an approved digital identity verification service to check a passport digitally, using Identity Document Validation Technology (IDVT), as an alternative to a manual in-person check.
Digital Checks Through IDSPs
For British and Irish citizens, employers can use a Home Office-certified Identity Service Provider to carry out a digital identity check instead of examining a physical passport in person. The IDSP verifies the document electronically and confirms the applicant's identity, giving the employer a statutory excuse in the same way a compliant manual check would, provided the employer uses a properly certified provider and follows the process correctly.
This has become the standard, more convenient route for many employers, particularly for remote hiring, but employers remain responsible for choosing a certified provider and cannot simply rely on any online identity tool.
Civil Penalties and Record-Keeping
Employers who knowingly or negligently employ someone without the right to work, without having carried out a valid check, can face a civil penalty of several thousand pounds per illegal worker, with the exact maximum set by the Home Office and periodically increased. Repeat or particularly serious breaches can also lead to criminal prosecution in the most severe cases.
Employers must keep clear evidence of each right to work check -- copies of documents checked (or confirmation of the digital check outcome), the date of the check, and who carried it out -- for the duration of employment and for a set period (commonly two years) after employment ends.
Frequently Asked Questions
Do I need to do a right to work check for a British citizen?
Yes. Employers should apply a consistent right to work check process to every prospective employee regardless of nationality, including British and Irish citizens, both to comply with the law and to avoid discriminating against candidates based on assumptions about their background.
What happens if I employ someone without the right to work?
If a valid, compliant check was not carried out before employment started, the employer can face a civil penalty of several thousand pounds per illegal worker. If a compliant check was properly carried out and documented, the employer generally has a statutory excuse against the penalty even if it later emerges the person did not actually have the right to work.
What is a statutory excuse?
A statutory excuse is the legal protection an employer gains against a civil penalty for illegal working, obtained by carrying out a right to work check correctly, in the prescribed manner, before employment starts (and at the correct follow-up point for time-limited status). It does not apply if the check was done incorrectly, too late, or not at all.
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Can I use a digital check for all new employees?
It depends on their status. British and Irish citizens can be checked using a certified Identity Service Provider’s digital verification, and individuals with digital immigration status (an eVisa) are checked online via the Home Office service using a share code. Some situations still require a manual check of physical original documents, so check which route applies to each individual.
How often do I need to repeat a right to work check?
For someone with time-limited permission to work (for example, on a visa with an expiry date), the employer must carry out a follow-up check before that permission expires to maintain the statutory excuse. For someone with a permanent or indefinite right to work, generally only the initial check is needed, with no requirement for repeat checks.
How long do I need to keep right to work check records?
Employers should keep evidence of each check -- copied documents or confirmation of a digital check outcome, plus the date and who carried it out -- for the duration of the person’s employment and for a period after they leave, commonly around two years, in case of a Home Office compliance audit.
What is an eVisa and how does it affect right to work checks?
An eVisa is a digital record of someone’s UK immigration status, replacing physical documents like a Biometric Residence Permit for many individuals. Employers check eVisa holders’ right to work using the Home Office’s online checking service and a share code the individual generates, rather than examining a physical document.
Can I be prosecuted, not just fined, for employing someone illegally?
In the most serious cases -- particularly where an employer knowingly employs someone without the right to work -- criminal prosecution is possible, potentially resulting in an unlimited fine and/or imprisonment, in addition to or instead of a civil penalty, depending on the circumstances and evidence of intent.
Do right to work checks apply to volunteers and unpaid interns?
The strict legal right to work check requirement is specifically tied to employment. Genuine unpaid volunteering arrangements generally fall outside the formal right to work check regime, but arrangements that in substance amount to work (even if unpaid or described as an internship) can still carry immigration and employment law risks, so it is worth taking care and, where in doubt, seeking specific advice.
Who is responsible for the right to work check when hiring through a recruitment agency?
It depends on who the individual is actually contracted to work for. Where an agency supplies workers who are employed directly by the agency, the agency is normally responsible for the check; where the end-user business itself directly employs the individual, that responsibility sits with the end-user. It is worth confirming and documenting in writing which party is carrying out the check for any given arrangement, since only the party that actually performs a compliant check gains the statutory excuse.
Disclaimer: This guide reflects UK right to work check requirements for employers as they apply in 2026/27. Immigration and right to work rules change relatively often -- always check the current Home Office guidance before relying on any specific process. This guide is for general information only and is not professional advice. Consult a qualified adviser and refer to gov.uk for current official guidance before relying on any treatment.
