Guide · 4 min read

UK Right to Work Checks 2026: What Every Employer Must Do to Stay Compliant

Penalties for hiring illegal workers can reach £60,000 per person. Here is a clear guide to conducting right to work checks properly in 2026.

Why This Matters for Employers

Every UK employer has a legal duty to check that their employees have the right to work in the UK. Get it wrong and you face civil penalties of up to £45,000 for a first breach and £60,000 for repeat offences. In serious cases, there is criminal liability with unlimited fines and potential prison time.

This is not just about sponsored workers. You must check every new employee, including British citizens.

The Three Methods of Checking

In 2026, there are three ways to conduct a right to work check:

1. Manual Document Check

The traditional method. The employee shows you original documents and you check, copy, and store them.

Acceptable documents include:

• UK or Irish passport
• Biometric Residence Permit (BRP)
• Certificate of registration or naturalisation with supporting evidence
• Immigration Status Document with valid endorsement

Steps:

1. Obtain the original document from the employee (not a copy)
2. Check the document is genuine, belongs to the holder, and allows them to do the work offered
3. Make a clear copy (scan or photograph)
4. Record the date you made the check
5. Store the copy securely for the duration of employment plus 2 years

2. Online Check (Mandatory for Digital Status Holders)

If the employee has a digital immigration status (which includes most sponsored workers, EU Settlement Scheme holders, and holders of eVisas), you must use the online checking service. A manual document check is not acceptable for these individuals.

Steps:

1. The employee gives you their share code (obtained from gov.uk/prove-right-to-work)
2. Enter the share code and the employee's date of birth on the employer checking service
3. Check the result confirms the right to work and any restrictions
4. Save or print the online profile as your record
5. Record the date of the check

3. Identity Service Provider (IDSP) Check

For British and Irish citizens only, you can use a certified IDSP to verify identity remotely using identity document validation technology. This is useful for remote hiring but only works for passport holders from the UK and Ireland.

When to Conduct Checks

Before employment starts. You must complete the check before the person's first day of paid work. Not on their first day, not during the first week. Before.

Follow-up checks. If the employee has time-limited permission to work, you need to conduct a follow-up check before their permission expires. Set a calendar reminder. Missing a follow-up check removes your statutory excuse (your defence against a civil penalty).

What Happens If You Get It Wrong

Civil Penalties

| Offence | First Breach | Repeat Breach | |---|---|---| | Employing an illegal worker | Up to £45,000 | Up to £60,000 |

The penalty is per worker. If you have 5 employees without proper checks, that could be £225,000 to £300,000.

Criminal Prosecution

If you knowingly employ someone without the right to work, you face criminal charges with unlimited fines and up to 5 years in prison.

Sponsor Licence Implications

For businesses with sponsor licences, right-to-work failures can lead to licence downgrade, suspension, or revocation. This affects every sponsored worker in your organisation, not just the one where the error occurred.

The Statutory Excuse

Conducting a proper check gives you a "statutory excuse" if it later turns out that the employee did not have the right to work. This is your legal defence. Without it, you have no protection even if you genuinely did not know the person was working illegally.

The excuse only applies if:

• You conducted the check before employment started
• You followed the prescribed process correctly
• You conducted follow-up checks where required
• You did not know or have reasonable cause to believe the person could not work

Common Mistakes

Accepting photocopies or photos of documents. You must see the original (for manual checks) or use the online service.

Not checking expiry dates. A BRP that expired last month does not prove current right to work.

Failing to do follow-up checks. If someone's visa expires in 6 months, you need to recheck before that date.

Using the wrong check method. If someone has digital immigration status, you must use the online service. A manual check of their BRP alone is not sufficient.

Not keeping records. You need to keep copies for the entire duration of employment plus 2 years after they leave. If you cannot produce the record, you lose the statutory excuse.

Practical Tips

1. Create a standard process. Document your right-to-work checking procedure and train every person involved in hiring.

1. Use a tracking system. Set automated reminders for follow-up checks based on visa expiry dates. Do not rely on memory.

1. Check everyone equally. To avoid discrimination claims, apply the same checking process to every new hire regardless of nationality or appearance.

1. Keep the Home Office updated. If you are a sponsor licence holder, report any concerns about a worker's right to work status promptly.

1. Audit regularly. Review your records quarterly to catch any gaps before a Home Office compliance visit finds them first.

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