A candidate has accepted the offer and somebody has placed a passport copy in the personnel file. That does not necessarily establish a statutory excuse against an illegal-working civil penalty. Employers need a process that selects the correct route, confirms the person can do the job offered and records the result before employment begins.
Complete the prescribed check before employment starts
Employers must check that each person they employ is permitted to do the work in question. Completing a prescribed check correctly and on time can establish a statutory excuse against a civil penalty if the person is later found to be working illegally.
The initial check must be completed before employment begins. An offer can be conditional on satisfactory checks, but allowing somebody to start while evidence is being chased leaves the employer exposed. A later document copy does not retrospectively repair the gap.
The civil penalty can be up to £60,000 for each illegal worker. Knowingly employing somebody, or doing so with reasonable cause to believe they have no right to work, can also lead to criminal prosecution, an unlimited fine and up to five years' imprisonment. A statutory excuse does not protect an employer who knows the employment is unlawful.
Choose the right checking route
There are three prescribed routes. The correct one depends on the person's status and evidence; do not accept an applicant's screenshot as a substitute for the official result.
Biometric residence card, biometric residence permit and frontier worker permit holders must use the Home Office online service; the physical card is not accepted as proof. An IDSP check is optional and does not transfer the employer's responsibility.
- Home Office online check: use the applicant's share code and date of birth through the employer service. Check the photograph, permitted work, expiry and restrictions, then retain the profile-page result.
- Manual document check: obtain original acceptable documents from List A or List B, examine them in the holder's presence, and make a clear dated copy in the prescribed way.
- IDSP digital check: a provider can verify eligible British and Irish citizens with valid passports or an Irish passport card. The employer must still match the person to the output and retain it.
GOV.UK: employer's guide to right to work checks ↗ · GOV.UK: check a share code ↗
A manual check has three evidence steps
First, obtain an original document or permitted combination from the current lists. A National Insurance number is not proof of a right to work. Do not rely on an emailed scan where the route requires originals.
Second, check the document in the holder's presence. Confirm that photographs and birth dates are consistent, the document appears genuine, the person is its holder and any restrictions allow the role. A manager need not be a forgery expert, but must identify problems reasonably apparent on careful examination.
Third, retain a clear copy and record the date the check was made. Copy the relevant pages fully, without cropping information needed to understand validity or restrictions.
Check the person and the job—not only the document
Match the photograph and biographical details to the person, then confirm the result permits the actual duties and hours offered. Record any conditions managers must observe.
A Teesside engineering business recruiting an international student may see a term-time hours restriction. It must retain the student's academic term and vacation dates and ensure rotas comply. A note saying 'right to work checked' would not control that risk.
Names may differ for legitimate reasons. Record the evidence connecting the identities. If the result is unclear, pause the start and use the correct Home Office route or obtain specialist advice.
Test your onboarding records before the next start date.
HR + SAFETY can review your right to work workflow, sample employee files and give managers a practical record-and-escalation checklist.
Discuss a right to work process reviewRetain the evidence and diary follow-up checks
Keep the evidence securely throughout employment and for two years afterwards. Record the route, check date, checker, official output or copies, restrictions and next action.
A valid List A check normally creates a continuous statutory excuse. List B evidence and online results showing limited permission create a time-limited excuse. Complete the prescribed follow-up before it expires and assign the reminder to somebody who will act.
Do not repeat-check people because of nationality or accent. Follow-up must be driven by the recorded permission. Retain each fresh result with the original evidence.
Related guide: written statements and the day-one onboarding checklist →
Use the Employer Checking Service when evidence is unavailable
The Employer Checking Service is for defined cases where normal online or document evidence is unavailable, including an outstanding in-time application, appeal or review, certain Certificates of Application, an Application Registration Card or a technical problem.
A Positive Verification Notice confirms permitted work and provides a statutory excuse for six months from the stated date. A Negative Verification Notice does not provide an excuse.
For a prospective employee, do not use temporary protection that may apply to some existing employees as permission to start while an ECS result is pending. Wait for a Positive Verification Notice or another prescribed check.
Apply the process consistently and avoid discrimination
Apply the same checking requirement at the same recruitment stage to everyone. Do not make assumptions from a name, appearance, accent or length of UK residence.
Offer a British or Irish applicant without a valid passport the permitted manual route. Do not insist on a share code where acceptable documents can establish the right.
Keep the check separate from selection where possible. Managers need the practical result—cleared, restricted or further verification required—without unnecessary personal information influencing recruitment.
Nine-point right to work checklist
Audit a sample of current files against this list. If the record contains only a passport scan, share-code email or tick box, establish what evidence is missing and obtain advice before attempting any retrospective action involving an existing employee.
- Make the offer conditional and complete the check before the first working day.
- Select the prescribed online, manual or IDSP route that fits the evidence.
- Confirm the official result or documents relate to the person presenting for work.
- Check that the permission covers the role, hours and any relevant restrictions.
- Record the date of the check and retain a clear copy of the required evidence.
- Keep student term and vacation dates where working hours are restricted.
- Record expiry dates and assign follow-up checks to a named person.
- Use the Employer Checking Service only in the circumstances for which it is intended.
- Apply the same process consistently to every applicant at the relevant stage.
A defensible right to work process is completed before employment begins, uses the correct prescribed route, matches the result to the person and job, records restrictions and preserves the evidence. Where permission is time-limited, the statutory excuse is only maintained if the follow-up check is completed before it expires.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.