What is right to work?
All employers in the UK have a legal duty to check that every employee has the right to work before they start work. This applies to all employees regardless of their nationality. Carrying out a compliant check provides the employer with a statutory excuse against a civil penalty if it later transpires that the employee did not have the right to work.
When must employers carry out a follow-up check?
For employees with time-limited leave, such as those on work visas or pre-settled status, employers must carry out a follow-up right to work check when that leave expires. The follow-up check must be completed on or before the expiry date of the employee's leave. Employers should build a reminder system to track expiry dates across their workforce.
What documents are acceptable?
Acceptable documents fall into two categories. List A documents establish an ongoing right to work with no time limit. These include British and Irish passports, and documents confirming ILR or EU Settled Status. List B documents establish a time-limited right to work and trigger the requirement for a follow-up check. These include Biometric Residence Permits, visa vignettes, and online share codes for those with time-limited leave.
What is an online right to work check?
Employees with a Biometric Residence Permit, pre-settled or settled status, or a visa can generate a share code via the GOV.UK 'prove your right to work' service. The employer uses this code along with the employee's date of birth to carry out an online check. Share codes are valid for 90 days. Online checks are now the required method for BRP holders. Employers should not accept the physical BRP card alone.
What is the civil penalty for employing illegal workers?
Employers who hire someone without the right to work, or who fail to carry out correct checks, face a civil penalty of up to £60,000 per worker as of 2024. Where an employer knowingly employs an illegal worker, they may also face criminal prosecution. Carrying out a compliant right to work check before employment begins and at the required follow-up stage provides a statutory excuse against the civil penalty.