Right to Work Checks UK: What Employers Must Do in 2024

The Legal Requirement

Under Section 15 of the Immigration, Asylum and Nationality Act 2006, UK employers must carry out right-to-work checks before employing someone. If you employ someone who does not have the legal right to work in the UK, and you have not carried out the correct checks, you can face a civil penalty of up to £20,000 per illegal worker.

From early 2024, this maximum was increased to £60,000 per illegal worker following changes introduced under the Illegal Migration Act 2023 — making compliance even more critical.

Who Needs a Check?

Everyone you hire must be checked — regardless of nationality, length of employment, or whether they're employed directly or engaged as a worker (though not genuinely independent contractors). This includes:

• Full-time and part-time employees
• Zero-hours contract workers
• Agency workers (where you are responsible for the check)
• Apprentices

It does not apply to genuinely self-employed contractors running their own business.

Types of Right to Work

Unlimited Right to Work

UK and Irish citizens have an unlimited right to work. Acceptable documents include:

• UK passport (current or expired)
• Irish passport or passport card
• UK birth or adoption certificate + National Insurance letter
• UK driving licence + National Insurance letter

Time-Limited Right to Work

People with visas, biometric residence permits (BRPs), or eVisas have a limited right to work. You must re-check their right to work before their permission expires.

Since 2023, BRPs have been replaced by eVisas for most people — meaning document-based checks no longer work. You (or the worker) must use the Home Office online checking service at gov.uk/check-job-applicant-right-to-work.

How to Conduct a Manual (Document) Check

For workers with a UK or Irish passport:

1. Obtain the original document — do not accept photocopies
2. Check it genuinely belongs to the person presenting it (compare face, dates)
3. Check it's valid (not expired, not obviously tampered with)
4. Copy it clearly — a single-sided A4 copy, in colour where possible
5. Record the date you made the check on the copy

Store the copy securely for the duration of employment plus two years after the employment ends.

How to Conduct an Online Check

For workers with an eVisa or time-limited permission:

1. The worker generates a share code at gov.uk/prove-right-to-work
2. They give you the share code and their date of birth
3. You check at gov.uk/check-job-applicant-right-to-work
4. The result shows their right-to-work status and any expiry date
5. Print or save a screenshot of the result page, noting the date you checked

Adjusted Checks (Video Call Verification)

During the Covid pandemic, the Home Office introduced adjusted checks via video call. These ended in September 2022. Do not rely on adjusted check procedures today — you must either conduct in-person document checks or use the online checking service.

Common Mistakes for Trades Businesses

1. Forgetting to Re-Check Time-Limited Workers

If you hired someone two years ago on a visa and never re-checked, you may be employing someone whose right to work has expired. Set calendar reminders — or use HR software that tracks expiry dates automatically.

2. Accepting Copies or Photos of Documents

You must see the original document in person. A photo of a passport on a smartphone does not count. The only exception is the Home Office online checking service.

3. Assuming Irish Citizens Don't Need Checking

Irish citizens have an unrestricted right to work in the UK, but you still need to complete a check. An Irish passport is a valid document for a manual check.

4. Not Storing Check Records

Without a record, you cannot demonstrate you conducted a check if challenged. The Home Office can investigate employers up to three years after an incident.

5. Agency Workers

If you use an agency to supply workers, the responsibility for right-to-work checks typically sits with the agency — but your contract should confirm this. If the agency fails to check and you knew (or should have known) the worker had no right to work, you could still be liable.

Using HR Software to Stay Compliant

A compliant HR platform should let you:

• Upload copies of right-to-work documents against each employee record
• Log the date the check was conducted
• Flag time-limited documents and set automatic expiry reminders
• Generate an audit trail showing all checks and re-checks

This is particularly valuable for trades businesses that hire frequently or have high turnover.