What is a right to work check and what are my rights?

Short answer

All employers in the UK are legally required to check that every employee has the right to work in the UK before employment begins. This requirement applies to all workers, including British and Irish citizens. The check involves verifying original documents or using the government's online checking service. Employers who fail to carry out the check correctly can face civil penalties; those who knowingly employ illegal workers can be prosecuted.

A right to work check is an administrative process — it does not determine your immigration status or give you any additional right to remain. If your status is in doubt, seek immigration advice separately.

1 The rule

The legal obligation on employers to check the right to work of all prospective employees is set out in:

A civil penalty of up to £60,000 per illegal worker (from January 2024) applies to employers who fail to conduct a compliant check. Employers who knowingly employ someone without the right to work can be prosecuted and face up to five years' imprisonment. Carrying out a compliant check provides a "statutory excuse" — a full defence to the civil penalty.

2 What you can do now

1. 1
   Understand what documents or checks are acceptable

   There are three routes for conducting a right to work check: (1) <strong>Manual document check</strong> — the employer checks original documents from List A (unlimited right to work, e.g. a British passport, Irish passport, or biometric residence permit with no time limit) or List B (time-limited right to work). (2) <strong>Home Office online right to work check</strong> — for workers with a share code (available through UKVI online services), the employer checks the worker's status at <a href="https://www.gov.uk/view-right-to-work" target="_blank" rel="noopener noreferrer">the online service</a>. (3) <strong>Identity Document Validation Technology (IDVT) via a certified provider</strong> — for British and Irish citizens, employers can use certified digital identity service providers (IDSPs).

2. 2
   Know your rights during the check

   You have the right to: (1) know why the check is being conducted; (2) have the check conducted fairly and without discrimination — employers must check all employees in the same way and cannot single out people on the basis of nationality or ethnic appearance (Equality Act 2010); (3) have your personal data processed in accordance with UK GDPR — the employer must only retain the check for the period of your employment plus two years; (4) challenge a discriminatory or unfair check through the Employment Tribunal. If you are from the EU, EEA, or Switzerland and arrived after 31 December 2020, your right to work status is determined by whether you have been granted status under the EU Settlement Scheme.

3. 3
   Understand what happens if your status is time-limited

   If your permission to work is time-limited (a List B document), the employer must conduct a follow-up check before your current permission expires. If you believe you have the right to work but lack the documentation to prove it (for example, your biometric residence permit has not arrived), contact the Home Office's Employer Checking Service — the employer can submit a check and receive a Positive Verification Notice giving 6 months' cover.

4. 4
   Know your rights if you are dismissed following a right to work check

   If an employer dismisses you because a right to work check revealed you do not have the right to work, they may still need to follow a fair procedure. Dismissal is a potentially fair reason under s.98(2)(d) of the Employment Rights Act 1996 ("illegality") but it must still be handled reasonably. See the <a href="/guides/employment/unfair-dismissal" class="body-link">unfair dismissal guide</a> and the <a href="/guides/employment/employment-discrimination" class="body-link">employment discrimination guide</a>.

3 When this does not apply

• The right to work check obligation does not apply to genuinely self-employed contractors — the obligation only applies to "employees" and "workers" for the purpose of employment.
• Volunteer placements are generally exempt from right to work checks, though many organisations carry them out voluntarily for safeguarding reasons.
• If you are a British citizen by descent but lack a British passport, you can prove your status using a full UK birth certificate plus evidence of one parent's British status.

4 Common questions