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Right to work laws (RTW) in the UK are regularly updated. It is important for all employers to understand their legal responsibilities, comply with the law, and support legal work in the UK.
For immediate advice regarding an issue of legal employment or checking a worker’s RTW documents give the employment advice line a call.
What is a right to work check?
A right to work check is an important background check carried out on workers to confirm their legal right to work in the UK.
Checks must be completed before commencement of employment, or first thing on the first day, and then at various times throughout the employment if an individual is in possession of a time-limited work visa.
While the check doesn’t necessarily confirm a person is legally authorised to work, as fake documentation may be used. The check provides employers with a ‘statutory excuse’, provided it has been carried out correctly. This is a type of defence an employer can use if an employee is found to be working illegally, to avoid a civil penalty.
The definition of illegal working
An illegal worker in the UK is someone who does not have the legal permissions to work. Either because their visa does not allow for this, or they are working without valid documentation.
Under the Immigration, Asylum and Nationality Act 2006 to be considered an illegal worker, the following must apply:
They are subject to immigration control
They are over the age of 16
They are exceeding visa permissions
They do not have the required legal documentation allowing them to work
RTW checks aim to prevent the negative economic and social effects of illegal working. This includes the exploitation of migrant workers.
A right to work checklist for employers
Below is a list of things you must be checking, if doing a manual right to work check:
1) Obtain required documents which may include:
a. Passport
b. National ID card
c. A birth certificate or adoption certificate
d. A current Immigration Status Document issued by the Home Office
e. A certificate of registration or naturalisation as a British citizen
Further information on the exact documentation required is provided by the UK government.
2) Check documents provided are genuine
Look for authentic photographs
Check the dates of documents
Does the documentation fit with the type of work the worker will be doing?
Look for signs of document tampering
Follow up on name changes such as asking for marriage certificates as proof
3) Make a clear copy of each document – retaining these copies in a secure location (this can be electronically or in hardcopy). Not only must you securely store these copies for the duration of the worker’s employment, but you must also hold these for 2 years after the end of the contract.
With BrightHR you can adhere to all your record-keeping obligations with unlimited HR document storage.
Digital right to work checks
As an alternative to manual RTWs, the government now also offer online right to work checks via the Home Office. However, these are only applicable under certain circumstances, depending on the type of immigration documentation the worker has been issued with.
A separate digital check (IDVT Checks) is also available for British and Irish nationals using their passport.
In January 2026, the UK government announced that digital right to work checks will be mandatory. With this rule, it is expected to be in place by 2029.
Your legal responsibilities as an employer
As of the 1st October 2026 the Border Security, Asylum and Immigration Act 2025 requires employers to update their right to work procedures. The Act makes several changes to the RTW process including extending this to include gig economy workers. Any workers in non-traditional employment must comply with immigration and the right to work requirements.
Updates to right to work checks include:
Extension to self-employed and gig economy workers
Employers are required to conduct right to work checks on individuals engaged under worker contracts, subcontractors, and those hired through online matching platforms. This extends the checks to some self-employed individuals and casual workers.
New definitions
The definitions of “employer” and “worker” have broadened, covering organisations engaging subcontractors and gig economy workers.
Digital verification framework
Employers are required to use certified digital providers for digital right to work checks, replacing the previous identity service provider system.
Non-discrimination emphasis
Employers must not treat candidates less favourably due to time-limited permission to work or technical issues (e.g., broken share code systems). Employers are encouraged to keep roles open wherever possible to allow individuals to demonstrate their right to work.
Equality policy and training
Employers are advised to implement equality policies and to train staff to prevent discrimination during right-to-work checks.
Consequences of failing to adhere to the code of practice
Employing illegal workers is taken incredibly seriously by the UK government, and, if caught, you could find yourself in a lot of financial and legal trouble.
From civil penalties to even 5 years in jail. There are a range of penalties used against employers who employ illegal workers.
What is a civil penalty?
A civil penalty is a fine imposed by a government agency because of illegal practices. They are used in several situations, including for employers who employ illegal workers.
Civil penalties for hiring illegal workers can reach up to £60,000 for each illegal worker found to be working for the business. The cost of failure to comply with the law in this instance would have a huge financial impact, especially on small businesses.
Other penalties include:
A court order issue to close your business
Losing the right to sponsor workers
Loss of licences such as taxi licence or alcohol licence
Illegal worker enforcement action could mean your business name and address being published, alongside the civil penalty fine
However, if the government’s investigation finds that you have employed someone who does not have the right to work, but you have correctly conducted right to work checks as required, you will not receive a civil penalty for the illegal worker in question.
Get help from the experts with BrightHR
If you’re unsure about the process of conducting a RTW on a proposed worker, it’s important to seek legal advice.
With BrightHR you gain the support of a 24/7 employment law advice line, backed by HR professionals and employment law experts. Keeping you and your business on the right side of the law.
Get in touch today or book a free demo of the HR software to find out more about what BrightHR can do for you.