Right to work checks
Description

Ensure your employees have the legal right to work in the UK by conducting the required checks. It's your responsibility as an employer.

Record the checks you carry out and the type of documents your employees provide, to confirm their right to work. Also, attach a copy of the document used in your check to the employee's record.

Cause
Resolution

Right to work checks

The check involves asking potential employees to provide evidence of their right to work in the UK.

You must:

  1. Obtain an original identity document from the employee, as listed in the Home Office guidance.
  2. Check the document.
  3. Take a copy of the document and retain a copy.
  4. Record the right to work check.
  5. Carry out any necessary repeat checks.

You can use an online tool available on the GOV.UK website, which guides you through the types of evidence you can accept.

You can face a civil penalty if you employ an illegal worker and don't carry out the correct right to work checks. Therefore, check all new employees and treat everyone the same, regardless of their place of birth or nationality.


Does Brexit affect Right to work checks?

As things currently stand, Brexit doesn't affect the Right to work checks. There's no change to the right to work of EU, EEA and Swiss citizens and their family members living in the UK.

We'll update this article if the Right to Work checks change.


List of acceptable documents

You can accept specific documents to demonstrate an employee's right to work. Use our list of acceptable documents for Right To Work checks.


Create a new employee record with Right to work checks

Follow our article to record Right to work details for a new employee.


Enter Right to work details for an existing employee

Follow our article to record Right to work details for an existing employee.


Check Right to Work details

After you record Right to work details for your employees, use the Right to work report to check your employees' Right to work details.

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