Right to Work Checks for Employers in the UK – Immigration Solicitors Manchester
All UK employers are legally required to check that a job applicant has the right to work in the United Kingdom before employment begins. Carrying out a proper right to work check protects employers from liability and ensures compliance with UK immigration law.
Failure to carry out the correct checks may result in civil penalties, fines, or criminal liability for employing illegal workers.
At TM Fortis Solicitors, our specialist immigration solicitors advise employers on right to work checks, sponsor licence compliance and illegal working prevention, helping businesses remain compliant with Home Office requirements.
Why Right to Work Checks Are Important
Employers must ensure that all employees have the legal right to work in the UK before employment starts.
Carrying out a compliant right to work check provides employers with a statutory excuse against civil penalties if the employee is later found to be working illegally.
If an employer hires someone who does not have the right to work and has not conducted the correct checks, they may face:
- Civil penalties of up to £60,000 per illegal worker
- Possible criminal prosecution
- Damage to their business reputation
- Loss of their sponsor licence, if applicable
Employers must therefore ensure that right to work checks are completed correctly and documented properly.
How Employers Can Check a Job Applicant’s Right to Work
Employers can carry out right to work checks in several ways depending on the applicant’s immigration status.
Employers may:
- Check the applicant’s right to work online using a share code
- Check the applicant’s original documents
- Use an Identity Service Provider (IDSP) offering Identity Document Validation Technology (IDVT)
Each method must be carried out in accordance with Home Office guidance.
Online Right to Work Checks
Employers can check a job applicant’s right to work online if the applicant provides a share code.
The share code allows the employer to access the individual’s digital immigration status through the Home Office online system.
This method is commonly used for individuals who hold:
- A digital immigration status (eVisa)
- A Biometric Residence Permit replacement digital status
- Status under the EU Settlement Scheme
The online system will confirm:
- Whether the applicant has the right to work
- Any restrictions on employment
- The expiry date of their immigration permission
Employers must retain evidence that the online check was completed.
Checking Original Documents
If an online check is not available, employers may need to check the applicant’s original documents.
British and Irish citizens cannot obtain a share code, so employers must check their original passport or passport card or use an identity service provider.
When checking documents, employers must:
- Examine the original documents in the presence of the applicant
- Confirm that the documents appear genuine and unaltered
- Ensure that the documents belong to the person presenting them
Employers must also verify that:
- Photographs match the applicant
- Dates of birth are consistent across documents
- Any differences in names are explained by supporting documents
Additional Checks for Non-UK Nationals
If the applicant is not a British or Irish citizen, employers must also check:
- That the applicant’s right to work has not expired
- That the applicant is permitted to perform the type of work being offered
- Any restrictions on working hours, particularly for students
Where the applicant is a student, employers should also confirm the term and vacation dates of their course.
Taking Copies of Documents
Employers must keep a clear copy of the documents used for the right to work check.
When copying documents, employers should:
- Create a copy that cannot be altered, such as a photocopy or scanned copy
- Ensure the copy is clear and readable
- For passports, copy the page containing the photograph, personal details and expiry date
- Copy any pages containing visa endorsements or work permissions
For other documents, a complete copy must be retained.
Employers must also record the date the right to work check was carried out.
Copies must be kept:
- For the duration of employment, and
- For two years after the employment ends
Employers must also ensure compliance with data protection laws when storing these records.
Follow-Up Right to Work Checks
If an employee has time-limited permission to work in the UK, employers must carry out a follow-up check before the permission expires.
This ensures that the employee continues to have the legal right to work.
Failure to conduct follow-up checks may expose employers to civil penalties for illegal working.
When Applicants Cannot Provide Documents
In some cases, job applicants may be unable to provide proof of their right to work.
This may occur where the individual:
- Has an ongoing visa application or appeal
- Has a pending administrative review
- Arrived in the UK many years ago and does not have documentation
- Holds an Application Registration Card
- Holds a Certificate of Application
In these situations, employers must request a check from the Home Office Employer Checking Service.
If the Home Office confirms the individual’s right to work, the employer will receive a Positive Verification Notice.
Employers must keep this notice as evidence of the right to work check.
Avoiding Discrimination During Right to Work Checks
Employers must carry out right to work checks consistently for all employees, regardless of nationality or background.
Employers must not discriminate against applicants based on:
- Nationality
- Ethnicity
- Country of origin
All employees should be treated equally during the recruitment process.
Failure to do so may result in claims under equality and discrimination legislation.
Sponsor Licence Requirements
Employers who wish to employ certain overseas nationals may also need to obtain a Home Office sponsor licence.
This applies particularly where employers wish to sponsor workers under routes such as:
- Skilled Worker Visa
- Health and Care Worker Visa
- Global Business Mobility routes
Maintaining correct right to work procedures is an important part of sponsor licence compliance.
How Our Immigration Solicitors Can Help Employers
Our specialist immigration solicitors assist businesses with right to work compliance and immigration law obligations.
We can assist with:
- Advice on right to work checks
- Employer immigration compliance audits
- Sponsor licence applications
- Civil penalty challenges
- Preventing illegal working risks
Our aim is to help businesses ensure they remain fully compliant with UK immigration and employment law.
Contact Our Immigration Solicitors
If you are an employer seeking advice on right to work checks, sponsor licences or immigration compliance, our experienced immigration solicitors can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 for expert legal advice on employer immigration compliance.
