Right to work checks: five tips to ensure that your processes protect your organisation

All employers in the UK have a responsibility to prevent illegal working. Employing individuals without valid immigration permission can lead to significant civil penalties of up to £60,000 per illegal worker. 

As the government intensifies its enforcement activities, it is vital that employers remain compliant and undertake right to work checks to ensure the individuals they employ have the right to work in the UK. 

The rules 

Under the prevention of illegal working legislation, an employer will be excused from paying a civil penalty if they can demonstrate that they have carried out a compliant right to work check in accordance with the Home Office guidance and the codes of practice. 

In order to be compliant, this check must be carried out before the individual begins employment.  

You should undertake right to work checks consistently across your workforce to avoid allegations that you are operating a discriminatory policy. The Home Office has a code of practice to help employers avoid operating discriminatory practices. 

If you sponsor migrant workers you must carry out a right to work check to comply with your sponsor duties and retain evidence in accordance with Appendix D. 

Where a sponsor licence holder engages a sponsored worker on a self-employed basis, a statutory excuse is not required. However, you must still conduct a right to work check to ensure the person has the legal right to work in the UK and is eligible to do the work they being sponsored for. 

How to carry out a check

Right to work checks can be conducted in several ways, depending on the individual’s circumstances. This includes:

• Manual check
• Digital check using a digital verification service (but this only applies to British and Irish citizens)
• Home Office online check (for non-British and non-Irish citizens)
• Employer Checking Service (for individuals with pending applications, appeals, or administrative reviews, where their digital profile is not yet available)

In some instances, a one-off right to work check will suffice. 

Follow-up checks must be conducted for employees with time-limited permission to work in the UK. You should have monitoring processes to ensure that an individual applies for permission to stay before their visa expires to benefit from section 3C leave. This provision prevents overstaying while a decision is pending on their application, appeal, or review. During this period, the individual’s existing visa conditions remain in effect, including their right to work.

Things might be changing 

1. Digital Identity Scheme 

In September 2025, the Prime Minister announced the introduction of a digital identity scheme. This scheme aims to reduce document fraud, standardise employment checks and strengthen measures against illegal working. Digital ID checks are expected to become mandatory for right to work checks by the end of the current Parliament.

2. Extension of the right to work scheme

The Home Office is currently consulting on extending the right to work check scheme to cover businesses hiring ‘gig economy’ and zero-hours workers in certain sectors including food delivery, construction, beauty salons, courier services and warehousing. 

The consultation closes on 10 December 2025. This forms part of the government’s Plan for Change which seeks to restore order to the immigration system. 

Practical tips for employers

Ensuring compliance with right to work requirements is essential for protecting your organisation from legal and operational risks. By adopting proactive measures, you can strengthen workforce management and maintain business continuity. 

Some tips include: 

• Establish a clear right to work policy and process
• Implement systems to record visa expiry dates
• Schedule follow-up checks well in advance of visa expiry
• Conduct regular audits to ensure compliance
• Seek legal advice and assistance where necessary 

Helpful guidance

Employers can access further resources here: 

• Right to Work checks – An Employer’s Guide
• Online interactive tool: Check if someone can work in the UK
• Right to Work Checklist
• Code of Practice for Employers: Avoiding Unlawful Discrimination
• An Employer’s Guide to the Administration of the Civil Penalty Scheme

We will also be hosting a complimentary webinar on right to work checks. Please let me know if you'd like to be invited. 

Conclusion 

Right to work checks are not only a legal requirement but also a critical safeguard for employers. By embedding robust processes, maintaining accurate records, and staying alert to upcoming regulatory changes, organisations can protect themselves from penalties while fostering a compliant and inclusive workplace. 

With enforcement activity increasing and new digital systems on the horizon, now is the time for employers to review their practices and ensure they are fully prepared for the future of right to work compliance.

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