As a UK employer, conducting proper right-to-work checks is a legal requirement to prevent illegal working and avoid hefty penalties. Failing to verify an employee’s eligibility correctly can result in fines of up to £20,000 per worker and even criminal prosecution. This step-by-step guide explains how to comply with UK right-to-work regulations efficiently.
Why Are Right-to-Work Checks Important?
Under the Immigration, Asylum and Nationality Act 2006, employers must:
- Verify that all employees (including British citizens) have the legal right to work in the UK
- Conduct checks before employment begins
- Keep proper records to establish a statutory excuse against liability
Step-by-Step Guide to Right-to-Work Checks
- Determine Which Documents to Check
Employees can prove their right to work in two ways:
✅ List A Documents (Permanent right to work, e.g., British passport or settled status) – No follow-up checks required.
✅ List B Documents (Temporary right to work, e.g., visa or biometric residence permit) – Requires repeat checks before expiry.
- Conduct the Check Correctly
- In-Person Checks: Physically inspect original documents with the employee present.
- Online Checks: Use the Home Office online service (for non-UK/Irish citizens with a share code).
- Remote Checks (Temporary): Until April 2025, employers can verify right-to-work via video call.
- Verify Authenticity
- Check documents are original, unaltered, and valid.
- Match the photo and date of birth to the employee.
- For online checks, ensure the share code is current and matches the applicant.
- Record & Retain Proof
- Keep copies of documents (or online verification results) securely.
- Note the date of inspection and store records for at least two years after employment ends.
- Conduct Follow-Up Checks (If Required)
For List B employees, schedule repeat checks before their visa expires to maintain compliance.
Common Mistakes to Avoid
❌ Accepting expired documents – Always check validity dates.
❌ Failing to re-check temporary visas – Leads to illegal working risks.
❌ Not keeping proper records – Without proof, you lose statutory excuse protection.
How VerifyOnline.co.uk Can Help
At VerifyOnline, we simplify right-to-work checks with:
✔ Fast digital verification (Home Office-compliant)
✔ Automated reminders for follow-up checks
✔ Secure document storage to meet compliance requirements
Final Thoughts
Right-to-work checks are a critical part of UK employment law. By following these steps, employers can avoid penalties, protect their business, and ensure a legal workforce.
For quick, compliant right-to-work checks, visit VerifyOnline today.