Every UK employer must check that a person has the right to work before employment begins, and this applies to every hire, not just those who appear to be from overseas. Get it wrong, and the civil penalty can reach £60,000 per illegal worker. This guide covers the current rules, the checking methods, and a significant change coming from October 2026.
Quick Answer
UK employers must verify every employee’s right to work before their first day, using one of three prescribed methods: a manual check of original documents, a Home Office online check using a share code, or a digital identity check for British and Irish citizens through a certified provider. A correctly conducted check gives you a statutory excuse, protecting you from a civil penalty of up to £60,000 per illegal worker, even if that worker’s status later turns out to be invalid.
Why Right to Work Checks Matter
Under Section 15 of the Immigration, Asylum and Nationality Act 2006, it is illegal to employ an adult who does not have the right to work in the UK. The Home Office does not need to prove you knew anything was wrong. Civil penalties are issued on a strict basis: either you completed a prescribed check and kept the evidence, or you did not. Good intentions and verbal assurances give no protection at all.
Civil Penalties for Getting It Wrong
| Breach Type | Civil Penalty per Worker |
|---|---|
| First breach | Up to £45,000 |
| Repeat breach | Up to £60,000 |
| Knowingly employing an illegal worker | Criminal prosecution, up to 5 years’ imprisonment and an unlimited fine |
These penalties apply per worker, so an employer with several illegal workers faces multiple, separate fines. The Home Office also considers your compliance history and cooperation with any investigation when setting the actual penalty within these ranges.
The Three Prescribed Checking Methods
Manual Document Check
You examine original documents in the presence of the worker, taken from the Home Office’s List A or List B of acceptable documents. List A documents, such as a British passport or evidence of indefinite leave to remain, prove a permanent right to work. List B documents prove a time-limited right to work and require a follow-up check before the permission expires.
Home Office Online Check
Most people with digital immigration status are checked using the Home Office’s online right to work service, where the individual generates a share code that the employer uses to view their status directly.
Digital Identity Check
British and Irish citizens can, where eligible, be checked using a Digital Verification Service provided by a certified Identity Service Provider, rather than examining physical documents in person. From 1 October 2026, employers using the digital route must use a provider registered under the new checking framework.
What Is a Statutory Excuse?
A statutory excuse is your legal protection against a civil penalty. If you carry out a prescribed check correctly, using the right method, at the right time, and retain the required evidence, you are protected even if the employee later turns out not to have had a genuine right to work. Without a valid statutory excuse, the penalty applies regardless of your intentions.
Follow-Up Checks for Time-Limited Permission
If an employee’s right to work has an expiry date, you must carry out a repeat check before that date passes. Missing a follow-up check removes your statutory excuse entirely, even if the original check was done correctly. Setting a reminder 8 to 12 weeks before the expiry date gives enough time to request updated documents or use the Employer Checking Service if the worker’s status cannot immediately be confirmed. If leave expires and the worker cannot demonstrate continued permission, you must not continue to employ them while the position is resolved, and taking specialist advice at this stage is worthwhile given the penalties involved.
Record Keeping for Right to Work Checks
You must retain copies of the documents checked, or evidence of the online check performed, for the duration of employment and for two years afterwards. These records should be kept alongside your wider business records and produced promptly if the Home Office ever carries out a compliance inspection.
The October 2026 Expansion: What Changes
From 1 October 2026, the scope of the right to work regime expands significantly beyond conventional employment relationships. A revised code of practice, published in draft on 30 June 2026, extends checking requirements to certain non-employee working arrangements, including individual subcontractors, gig and platform workers, and specified contractual chains and substitution models.
This matters most for businesses that rely on casual labour, individual subcontractors, or platform-based working arrangements, since a person who currently sits outside the civil penalty scheme may fall within the expanded regime for any engagement starting on or after 1 October 2026. In some structures, a business that is not the individual’s direct employer may still need to carry out a prescribed check to establish a statutory excuse. Businesses using contingent labour, agency staff or supply chain contractors should review their arrangements against the new rules before the October 2026 start date rather than after.
Right to Work Checks and Your Wider Hiring Process
A right to work check is one part of a wider set of first-day obligations when you take on staff. Our guide to hiring your first employee in the UK covers the full checklist, and our guide to UK employment contract requirements covers the written statement of particulars every employee must receive from day one.
Frequently Asked Questions
Do I need to check British citizens’ right to work?
Yes. The requirement applies to every hire, including British and Irish citizens, not only workers who appear to be from overseas.
What is the penalty for employing someone without the right to work?
A civil penalty of up to £45,000 per worker for a first breach, rising to £60,000 for repeat breaches, plus potential criminal prosecution if the employer knowingly employed an illegal worker.
How long should I keep right to work check records?
For the duration of the person’s employment and for two years afterwards.
What happens if an employee’s right to work expires?
You must carry out a follow-up check before the expiry date. Missing this removes your statutory excuse, and if permission genuinely lapses, you must not continue to employ them until the position is resolved.
Will right to work rules change for subcontractors in 2026?
Yes. From 1 October 2026, the regime expands to cover certain non-employee arrangements, including individual subcontractors and platform workers, in specified circumstances.
Key Takeaways
- Every employer must check right to work before employment starts, for every hire
- Civil penalties reach £45,000 for a first breach and £60,000 for repeat breaches, per worker
- A correctly conducted, evidenced check gives you a statutory excuse against penalties
- Follow-up checks are essential for time-limited permission; missing one removes your protection
- From 1 October 2026, checking requirements expand to certain subcontractor and platform working arrangements
About the Author
This guide was prepared by the Business Mine editorial team, who research and write practical UK business, tax and finance guides. Information is checked against current Home Office guidance at the time of publication. This article is provided for general information only and does not constitute legal advice; for advice specific to your circumstances, consult a qualified immigration or employment solicitor.
