Right to work checks - everything you should know

Guidance on right to work checks was updated by the UK government as recently as February 2025, so it’s important, when hiring employees, to understand your legal responsibility to carry out RTW checks and how to complete these properly.

For immediate advice regarding an issue you may have with an illegal worker or checking a worker’s RTW documents give the BrightAdvice employment advice line a call.

What is a right to work check?

A right to work check is an important background check carried out on workers to confirm their legal right to work in the UK.

Checks must be completed before commencement of employment, or first thing on the first day, and then at various times throughout the employment if an individual is in possession of a time-limited work visa.

While the check doesn’t necessarily confirm a person is legally authorised to work, as fake documentation may be used. The check provides employers with a ‘statutory excuse’, provided it has been carried out correctly. This is a type of defence an employer can use if an employee is found to be working illegally, to avoid a civil penalty.

The definition of illegal working

An illegal worker in the UK is someone who does not have the legal permissions to work. Either because their visa does not allow for this, or they are working without the valid documentation.

To be considered an illegal worker, the following must apply:

• They are subject to immigration control

• They are over the age of 16

• They are exceeding visa permissions

• They do not have the required legal documentation allowing them to work

RTW checks aim to prevent the negative economic and social effects that illegal working can have on the UK. Including the exploitation of migrant workers.

A right to work checklist for employers

Below is a list of things you must be checking, if doing a manual right to work check:  

1)      Obtain required documents which may include:

a.      Passport

b.     National ID card

c.      A birth certificate or adoption certificate

d.     A current Immigration Status Document issued by the Home Office

e.      A certificate of registration or naturalisation as a British citizen

Further information on the exact documentation required is provided by the UK government.

2)      Check documents provided are genuine

• Look for authentic photographs

• Check the dates of documents

• Does the documentation fit with the type of work the worker will be doing?

• Look for signs of document tampering

• Follow up on name changes such as asking for marriage certificates as proof

3)      Make a clear copy of each document – retaining these copies in a secure location (this can be electronically or in hardcopy). Not only must you securely store these copies for the duration of the worker’s employment, but you must also hold these for 2 years after the end of the contract.

With BrightHR you can adhere to all your record-keeping obligations with unlimited HR document storage. Protected by a cloud-based software that follows all security protocols.  

Digital right to work checks

As an alternative to manual RTWs, the government now also offer online right to work checks via the Home Office. However, these are only applicable under certain circumstances, depending on the type of immigration documentation the worker has been issued with.

A separate digital check (IDVT Checks) is also available for British and Irish nationals using their passport.

Consequences of failing to adhere to the code of practice

Employing illegal workers is taken incredibly seriously by the UK government and you could find yourself in a lot of financial and legal trouble.

From civil penalties to even 5 years in jail. There are a range of penalties used against those employers who employ illegal workers.

What is a civil penalty?

A civil penalty is a fine imposed by a government agency because of illegal practices. They are used in several situations, including for employers who employ illegal workers.

Civil penalties for hiring illegal workers can reach up to £60,000 for each illegal worker found to be working for the business. The cost of failure to comply with the law in this instance would have a huge financial impact, especially on small businesses.

Other penalties include:

• A court order issue to close your business

• Losing the right to sponsor workers

• Loss of licences such as taxi licence or alcohol licence

You may also appear in the publication of non-compliant employers in Employers: illegal working penalties.

However, if the government’s investigation finds that you have employed someone who does not have the right to work, but you have correctly conducted right to work checks as required, you will not receive a civil penalty for the illegal worker in question.

Get help from the experts with BrightHR

If you’re unsure about the process of conducting a RTW on a proposed worker, it’s important to seek legal advice.

With BrightHR you gain the support of a 24/7 employment law advice line, backed by HR professionals and employment law experts. Rather than paying hundreds for a private legal advisor, BrightAdvice will help lower your legal costs while ensuring that your RTW checks are completed according to the code of practice. Keeping you and your business on the right side of the law.

Get in touch today or book a free demo of the HR software to find out more about what BrightHR can do for you.