A right to work check is the legal check a UK employer must complete before someone starts work, to confirm they’re allowed to do that work. Done correctly, it gives you a “statutory excuse” against a civil penalty if the person later turns out to be working illegally. From 1 October 2026, the rules also cover many workers, individual subcontractors and online platforms, not just employees.
This guide explains what changed, the three legal ways to do a right to work check, how share codes work, what to do about follow-up checks, and how to stay compliant when you use agency or contract labour.
What is a right to work check?
A right to work check confirms that someone has permission to work in the UK and to do the specific work you’re offering. The legal basis is the Immigration, Asylum and Nationality Act 2006. The detailed method is set out in the Home Office’s Employer’s guide to right to work checks.
Three rules shape every check:
- Check everyone, including British and Irish citizens, the same way.
- Check before work starts. A check done after the first shift doesn’t give you a statutory excuse for the time already worked.
- Follow the prescribed method exactly. A check that cuts corners may not protect you.
What changed on 1 October 2026?
Section 48 of the Border Security, Asylum and Immigration Act 2025 widens who counts as an “employer” for right to work purposes. Under the Home Office’s updated guide, in force from 1 October 2026, the scheme now applies where a business engages people under:
- a worker’s contract, for example casual, zero-hours or temporary workers who aren’t employees
- an individual sub-contractor arrangement
- an online matching service, meaning platforms that match service providers with customers for payment
The government has highlighted sectors such as construction, food delivery, beauty salons and courier services, but the rules aren’t limited to those sectors.
Who it applies to: the new civil penalty liability covers these arrangements where the work sectors such as logistics, facilities management and hospitality started on or after 1 October 2026. Even so, it’s sensible to review existing contractors and casual workers now, so you aren’t caught out when engagements are renewed or restructured.
Does this change anything for agency workers?
Under the Home Office guide, when a worker is supplied by an employment business (a recruitment agency that supplies temporary workers), that business counts as the worker’s employer for right to work purposes. It’s therefore responsible for the check.
If your labour comes through longer chains, such as an agency plus an umbrella company or a contractor plus subcontractors, agree in writing who carries out each check and ask for evidence that it’s been done. Don’t assume someone else has done it.
The three ways to do a right to work check
| Method | Who it’s for | What you need | What to keep |
|---|---|---|---|
| Manual document check | Anyone with acceptable original documents from the Home Office’s List A or List B. Commonly British and Irish citizens with a passport, or a birth certificate plus proof of National Insurance number | The original documents, checked with the holder present, in person or by live video call while you hold the originals | A clear copy of each document and the date of the check |
| Home Office online check (share code) | People with an eVisa or other digital immigration status, which includes most non-British and non-Irish workers | The person’s share code and date of birth, entered on GOV.UK’s “Check a job applicant’s right to work” service | The profile page (PDF or screenshot) and the date of the check |
| Digital verification service provider (IDVT) | British and Irish citizens with a passport (or Irish passport card) | A certified provider listed by the Office for Digital Identities and Attributes. Providers charge a fee | The provider’s output and the date of the check |
Key details most guides miss
- BRPs are no longer accepted. Biometric residence permits stopped being issued on 31 October 2024. People with an eVisa can only prove their right to work through the online service, and a manual check of an expired BRP isn’t acceptable proof.
- Expired British and Irish passports are accepted in two cases. In a manual check, a British or Irish passport is acceptable whether current or expired. Under the 2026 guidance, digital verification providers can also verify British or Irish passports up to 6 months past expiry.
- You still have to match the face. Whatever the method, satisfy yourself that the photo matches the person in front of you.
Right to work share codes: what employers and workers need to know
A right to work share code is a 9-character code beginning with “W”. It’s valid for 90 days and can be used as many times as needed in that period.
- Workers generate a code through GOV.UK’s “Prove your right to work to an employer” service. British and Irish citizens don’t need one. They prove their right to work with documents or a digital verification provider.
- Employers enter the code and the person’s date of birth on GOV.UK’s “Check a job applicant’s right to work” service. The result shows what work the person can do and any time limit.
- Reject codes beginning with “R” or “S”. These are for renting a property or other services, not employment.
How to do a right to work check: step by step
- Choose the method that fits the person’s status (see the table above).
- Get the evidence: original documents, a share code and date of birth, or a digital verification result.
- Check it in the person’s presence (in person or by live video). Confirm the photo matches, the dates are valid and the work allowed covers the role.
- Check restrictions. Students, for example, may have limits on term-time hours. Make sure the role and hours you’re offering fit within any conditions.
- Keep a clear copy and record the date you did the check.
- Set a reminder for any follow-up check if their permission is time-limited.
- Store the records securely for the whole time the person works for you and for two years afterwards, then securely destroy them.
Follow-up checks and the Employer Checking Service
If someone has time-limited permission, your statutory excuse only lasts until that permission ends. Do a follow-up check before it expires.
If someone can’t show their right to work because they have a pending application, appeal or administrative review with the Home Office, use the Employer Checking Service (ECS):
- The ECS aims to respond within five working days of a valid request.
- A Positive Verification Notice gives you a statutory excuse for six months from the date in the notice. Diarise a re-check before then.
Right to work checklist
Print or adapt this for every new starter, worker, casual or individual subcontractor:
- not doneCheck done before the first day or shift
- not doneRight method used: manual, online share code or digital verification provider
- not doneOriginal documents seen (manual), or share code starting with “W” confirmed (online)
- not donePhoto matches the person
- not doneDates valid; any work restrictions noted and compatible with the role and hours
- not doneClear copy or profile page saved, with the date of the check recorded
- not doneFollow-up date set for time-limited permission (or the six-month PVN date)
- not doneIn agency, umbrella or subcontractor chains: who checks is agreed in writing and evidence received
- not doneRecords stored securely: duration of work plus two years
- not doneProcess applied consistently to everyone, whatever their nationality
Penalties for getting it wrong
| Consequence | Detail |
|---|---|
| Civil penalty: first breach | Up to £45,000 per illegal worker (starting point, before reductions) |
| Civil penalty: repeat breach | Up to £60,000 per illegal worker, where illegal working was found in the previous three years |
| Reduction for reporting | £5,000 off per worker if you reported your suspicion to the Home Office and received a Unique Reference Number |
| Criminal offence | Knowingly employing someone without the right to work, or having reasonable cause to believe they lack it: up to 5 years in prison and an unlimited fine |
| Other consequences | Publication of the employer’s details, business closures and director disqualifications, according to the Home Office |
Enforcement is active. The Home Office reported 11,000 illegal working raids and more than 8,000 arrests between October 2024 and September 2025.
Avoiding discrimination
The Home Office is clear that employers should check all workers consistently, including British citizens. Don’t make assumptions based on race, nationality, accent, surname or how long someone has lived in the UK. Giving everyone a reasonable chance to prove their right to work, and using the same process every time, protects you from both illegal working penalties and discrimination claims.
What about digital ID?
Right to work checks still use the three methods above. In July 2026 the government confirmed it would not go ahead with the national digital ID scheme that had been proposed for right to work checks. Keep an eye on GOV.UK for any new digital documents that become acceptable for checks.
Using a recruitment agency for right to work compliance
When an agency supplies temporary workers, it carries the right to work responsibility as the employment business. That’s one reason businesses facing seasonal peaks or short-notice gaps use a compliant agency instead of engaging casual labour directly. At AESN, right to work verification is part of candidate vetting, alongside references and, for eligible roles, DBS checks.
If you’re a hirer, still ask your agency:
- Which method it uses, and how it records the date of each check
- How it handles time-limited permission and follow-up checks
- Whether umbrella companies or other intermediaries are involved, and who checks in that case
Frequently asked questions
Do I need to do a right to work check on British citizens?
Yes. Employers should check every worker, including British and Irish citizens, before they start. British and Irish citizens can use a passport (current or expired, for a manual check), other acceptable documents, or a certified digital verification provider.
How long is a right to work share code valid?
A share code is valid for 90 days from when it’s issued and can be used as many times as needed in that period. It’s 9 characters long and begins with “W”. Codes starting with “R” or “S” aren’t valid for employment checks.
Can I do a right to work check over a video call?
For a manual check, you can see the person by live video, but you must have the original documents in your possession. Online share code checks and digital verification provider checks are designed to be done remotely.
Who is responsible for right to work checks on agency workers?
The employment business (the agency) is treated as the worker’s employer for right to work purposes, so the agency must carry out the check. Hirers should still confirm in writing that checks are being done, especially in longer supply chains.
What happens if a candidate can’t get a share code because their application is pending?
Use the Employer Checking Service. It aims to reply within five working days. A Positive Verification Notice gives you a statutory excuse for six months.
How long do I need to keep right to work records?
For the whole time the person works for you, and for two years after the work ends. Then destroy them securely.
Do the October 2026 rules apply to subcontractors and gig workers?
Yes, in many cases. From 1 October 2026 the Right to Work Scheme covers people engaged under a worker’s contract, individual subcontractors and online matching services. The new civil penalty liability applies to engagements that began on or after 1 October 2026.
Can I accept a photocopy or a scan of a passport?
Not for a manual check. You must check the original document with the holder present, then make and keep your own copy.
Need compliant staff without the admin?
If you need vetted temporary, contract or permanent staff, or . Candidates can before .
