Understanding Right to Work Checks in the UK: What Employers Need to Know
Right to Work checks are a legal requirement for all UK employers — and getting them wrong can have serious consequences. Whether you’re hiring your first employee or growing your team, it’s crucial to understand your responsibilities and follow the latest guidance from the Home Office.
In this blog, we’ll explain what Right to Work checks involve, what’s changed, and how Regent HR can help you stay compliant with confidence.
What Are Right to Work Checks?
Right to Work checks are the legal obligation for UK employers to verify that every employee has the legal right to work in the UK before they begin employment.
These checks apply to all employees, regardless of their nationality or immigration status. Employers must apply checks fairly and consistently to avoid discrimination.
Why Are They Important?
Failing to carry out proper checks can result in:
💸 Civil penalties of up to £60,000 per illegal worker
⚖️ Potential criminal liability if you knowingly employ someone who doesn’t have the right to work
📉 Reputational damage to your business
❌ Revocation of sponsorship licence for visa sponsors
What Employers Need to Do
Step 1: Obtain the Right Documents
There are two ways to complete checks, depending on the worker’s status:
Manual checks: For UK and Irish nationals presenting valid documents in person
Digital checks:
For British and Irish citizens with valid passports, checks must now be completed through a certified Digital Identity Service Provider (IDSP)
For non-UK citizens with biometric residence permits or online immigration status, use the Home Office online checking service
Employers can no longer rely on scanned or emailed documents alone for digital checks — unless completed through an approved IDSP.
Step 2: Check Them Thoroughly
You must ensure the documents are:
Genuine and unaltered
Match the person presenting them
Show the individual is permitted to work in the UK and do the role you’re offering
For online checks, you'll need to view the employee’s status via a share code and date of birth on the Home Office online service.
Step 3: Keep a Secure Record
You must retain evidence of the check — either a clear copy of the original document or confirmation from the online system. Each record should be:
Dated clearly
Stored for at least 2 years after employment ends
Securely stored and easily retrievable for audits or inspections
Regent HR recommends using cloud-based HR software like Breathe HR to securely store Right to Work records, reducing risk and simplifying compliance. It also enables you to set expiry alerts for follow-up checks.
What’s Changed Recently?
As of April 2022, remote checks using scanned documents are no longer valid for British and Irish passport holders
Employers must now use IDSPs for digital Right to Work checks on eligible UK and Irish nationals with valid in-date passports
The Home Office online check service is mandatory for those with digital immigration status or Biometric Residence Permits
Failing to follow the correct route could mean you’re not compliant — even if the individual has the right to work.
Common Mistakes to Avoid
❌ Starting employment before checks are completed
❌ Failing to follow up on time-limited permissions
❌ Not using an IDSP for eligible digital checks
❌ Applying checks inconsistently and risking discrimination claims
❌ Storing documents in unsecured formats (e.g. email inboxes or desktop folders)
How Regent HR Can Help
Right to Work checks can be confusing — but they don’t have to be. At Regent HR, we help you:
Set up robust, audit-ready Right to Work processes
Choose and configure compliant digital checking systems (including IDSP integration)
Train managers and HR teams on legally sound practices
Use secure platforms like Breathe HR to manage document storage and expiry alerts
Whether you’re hiring your first employee or need to review existing procedures, we’re here to help you stay compliant, protected, and people-focused.
Final Thoughts
Right to Work checks are essential for legal hiring and inclusive employment. With frequent changes to immigration policy and technology, it’s critical to review your processes regularly.
👉 Need a compliance check or digital process setup? Contact Regent HR today to ensure your Right to Work checks are efficient, secure, and legally sound.
