Compliant UK right to work checks: Avoid the risk of a £60,000 fine

UK employers reduce right to work compliance risks by checking every relevant worker before work begins, following the correct Home Office process and retaining clear evidence. In 2026, the scheme is expanding beyond traditional employees, making it urgent for businesses to review contractors, casual workers and platform-based labour.

Right to work compliance depends on process. Seeing a passport or collecting a share code is only part of the task. The employer must use an approved checking method, confirm that the person is permitted to perform the proposed role and keep evidence in the required format.

Mistakes can carry serious consequences. An employer found liable for employing someone without permission to work can face a civil penalty of up to £60,000 per worker. Sponsor licence action, criminal prosecution and reputational damage may follow in more serious cases.

What is a right to work check?

A right to work check confirms that a person is legally allowed to work in the UK and that any restrictions attached to their immigration status are compatible with the job.

Employers should carry out checks consistently, regardless of a candidate’s nationality, ethnic background or perceived immigration status. Applying different standards to different applicants can create discrimination risks.

The correct method depends on the candidate’s documents and immigration status. Employers may use:

• The Home Office online checking service
• A certified digital identity service provider for eligible British and Irish citizens
• A manual document check where permitted
• The Employer Checking Service in specified cases

The Home Office online service usually requires a share code and the candidate’s date of birth. The employer must then confirm that the photograph matches the person and that the result permits the work being offered.

Veremark’s UK right to work check service supports employers through a digital process that adapts to the candidate’s circumstances.

Are right to work checks mandatory?

In the UK, the right to work check is mandatory by law and employers must conduct such checks on all new hires. The purpose of the check is to ensure that the individual has the legal right to work in the country and to prevent the employment of illegal workers.

What is changing in 2026?

The key 2026 update is the extension of the right to work scheme beyond standard contracts of employment.

The Border Security, Asylum and Immigration Act 2025 broadens the scheme to cover further working arrangements. These include people engaged under worker contracts, individual subcontractors and certain online matching services that connect service providers with customers for payment. The change is especially relevant to construction, food delivery, warehousing, courier services and other sectors that rely heavily on casual or self-employed labour.

Businesses should therefore examine who performs work on their behalf, including people who are not recorded as employees in payroll systems. Contract labels alone will no longer provide a safe basis for deciding that a check is unnecessary.

Digital checking rules are also developing. A supplementary code published in 2026 sets standards for digital verification services, including identity checks that meet at least a medium level of confidence. Its commencement depends on the relevant certification arrangements, with implementation no earlier than 1 September 2026.

Employers should monitor final Home Office guidance and avoid assuming that a general identity check automatically satisfies right to work requirements.

How to garauntee your right-to-work check is compliant

Complete the check before employment starts

Timing matters. Employers should complete the prescribed check before the individual begins work. A late check may confirm that someone has permission, yet it will not usually create a statutory excuse for the period before the check was completed.

That statutory excuse is the employer’s defence against civil liability if the person is later found to have worked illegally. It depends on following the prescribed process, rather than simply believing that the person had permission.

Offers can be made conditional on satisfactory screening. HR teams should also build enough time into onboarding to resolve expired documents, incorrect share codes or cases that require the Employer Checking Service.

Keep evidence that can withstand inspection

Compliant right to work checks require a clear audit trail. Employers should retain a copy of the relevant document or online profile, record the date of the check and store the evidence securely for the duration of employment and for two years afterwards.

For online checks, saving only the share code is insufficient. The employer should retain the Home Office profile page that confirms the person’s status and work conditions.

For manual checks, copies must be clear and complete. The employer must inspect the original documents, check that photographs and dates are consistent, look for signs of alteration and confirm that the documents belong to the holder.

A central system reduces the risk of records being stored in personal inboxes or spread across separate recruitment files. It also makes it easier to respond when the Home Office requests evidence.

Track time-limited permission

Some employees have an indefinite right to work. Others have permission that expires or requires a repeat check.

Where permission is time-limited, employers should record the expiry date and schedule a follow-up check before it passes. Leaving this task to individual managers makes missed deadlines more likely, particularly when staff move teams or reporting lines change.

Employers should also check whether the person’s immigration conditions restrict their hours, occupation or type of work. Permission to work in the UK does not always mean permission to perform every role.

The step-by-step guide to UK right to work checks explains how the available routes apply to different candidates

Reduce risk through consistent ownership

The safest approach is to assign responsibility to a named team, use one approved checking process and audit records regularly. Procurement teams should be involved where contractors and labour suppliers are used. Contracts should state who conducts checks, how evidence is shared and how expired permission is handled.

Training should focus on practical decisions: which checking route applies, what evidence must be retained and when a repeat check is due.

Technology can support compliant right to work checks by guiding candidates through the correct route and placing records in one system. It does not remove the employer’s responsibility to confirm that the result belongs to the person and permits the proposed work.

Veremark’s overview of common right to work check mistakes can help HR teams identify gaps before they lead to a penalty.

As the rules expand in 2026, employers should review their entire workforce model. Compliant right to work checks should cover the people who actually perform work for the business, supported by timely checks, accurate records and clear accountability.