By Laura Weston MCIPD | 6 min read | Last reviewed: April 2026
A manufacturing company in the West Midlands had a problem. Their HR team thought their right to work checks were being done. They were. Just not correctly.
Managers were accepting copies of documents sent by email or text message rather than physically checking the originals. The documents themselves were genuine. But because the correct process hadn’t been followed, the company was technically non-compliant and exposed to significant fines.
This situation is more common than people think. Right to work checks feel administrative, so they get delegated, rushed or simplified. But the Home Office doesn’t accept ‘we meant well’ as a defence. The process matters as much as the outcome.
What Is a Right to Work Check?
Before any new employee starts work with you, you must check that they have the legal right to work in the UK. This is a legal requirement under the Immigration, Asylum and Nationality Act 2006. Employers who fail to carry out proper checks can face a civil penalty of up to £60,000 per illegal worker.
Crucially, a right to work check doesn’t just protect you from employing someone who doesn’t have the right to work. It also gives you a statutory excuse if it later turns out someone wasn’t entitled to work. Without a proper documented check, you have no defence.
The Three Ways You Can Check
1. Original Document Check
You ask the employee to bring their original documents to a face-to-face meeting. You check them in person, confirm they appear genuine and that the person in front of you matches the photo. You then take a copy, date it, and retain it on file.
2. Online Right to Work Check (via the Home Office Checking Service)
For employees who have a Biometric Residence Permit, settled or pre-settled status under the EU Settlement Scheme, or a digital immigration status, you can check their right to work using the Home Office online service. This requires a share code from the employee. A manual document check is not required or sufficient for these cases.
3. Identity Service Provider (IDSP) Check
Since 2022, employers can use a certified Identity Service Provider to carry out digital right to work checks for British and Irish citizens using a valid passport. This is an alternative to a manual document check.
The key rule: you must see original documents (or use the official digital route). Copies sent by email, photos on a phone, or scans are not sufficient and do not give you a statutory excuse.
What Documents Are Acceptable?
The Home Office publishes a full list of acceptable documents in two lists (List A for people with permanent right to work, List B for those with time-limited permission). In general terms, acceptable documents include:
- A UK or Irish passport (current or expired for British/Irish citizens)
- A full UK birth certificate combined with a document showing a National Insurance number
- A Biometric Residence Permit
- A share code from the Home Office online checking service
- A current passport or travel document with a valid visa or entry clearance
Always check the current Home Office guidance for the complete lists, as these can be updated.
Time-Limited Visas: What You Must Track
If an employee’s right to work is time-limited, you must carry out a follow-up check before their permission expires. Failing to do so means you lose your statutory excuse, even if the original check was done correctly.
Setting up a tracker, whether through your HR system or a simple spreadsheet, for all employees with expiry dates is straightforward and stops this slipping through the cracks. You want to be flagging upcoming expiries at least eight weeks in advance to give the employee time to provide updated documentation.
Agency Workers: A Further Consideration
If you use agency workers, the agency is responsible for carrying out right to work checks on the workers they supply. However, it’s worth being clear with your agency about what checks they carry out and what documentation they hold. If an agency worker turns out not to have the right to work, you may still face scrutiny if there were signs you should have identified.
What We Did With Our Manufacturing Client
When we identified the issue with the West Midlands manufacturer, we worked with their HR team to implement a clear compliance action plan:
- Manager briefings for all supervisors, team leaders and anyone involved in interviews, covering exactly what a compliant right to work check looks like and why it matters
- A standardised checklist introduced to the onboarding process, so no new employee could start without a verified and signed right to work record
- A full file audit of all existing employees to identify and address any gaps
- A tracker using their HRIS system and a supporting spreadsheet to flag visa expiry dates and recheck deadlines
As the HR team said afterwards: the audit was worth it. It gave the business peace of mind and a solid plan for staying compliant going forward.
The Quick Checklist
- Check original documents in person, or use the official online checking service where applicable
- Record the check: copy the document, date it, and keep it on file for the duration of employment and two years after
- For employees with time-limited permission, set a reminder to recheck before their permission expires
- Make sure anyone involved in interviewing or hiring knows the process and follows it consistently
- If you use agency workers, know what checks the agency carries out
Frequently Asked Questions
Q: What documents are acceptable for a right to work check?
The Home Office publishes two lists of acceptable documents. List A covers people with a permanent right to work in the UK, including British and Irish passports, full UK birth certificates combined with a National Insurance document, and Biometric Residence Permits. List B covers those with time-limited permission. Always check the current Home Office guidance as the lists can be updated.
Q: Can I carry out a right to work check remotely or online?
Yes, in certain circumstances. Employees with a Biometric Residence Permit, EU Settlement Scheme status or a digital immigration status must be checked using the Home Office online checking service with a share code. For British and Irish citizens with a valid passport, you can use a certified Identity Service Provider (IDSP) for a digital check. A photo or scan sent by email is never sufficient and does not give you a statutory excuse.
Q: What happens if I get a right to work check wrong?
If you employ someone who doesn’t have the right to work, and you haven’t followed the correct checking process, you can face a civil penalty of up to £60,000 per illegal worker. A properly conducted check gives you a statutory excuse, meaning you won’t be liable if it later emerges the employee wasn’t entitled to work. Without that check, you have no defence.
Q: Do I need to recheck existing employees?
You only need to recheck employees whose right to work is time-limited. For those with permanent right to work, a single check at the start of employment is sufficient. For employees with a time-limited visa, you must carry out a follow-up check before their permission to work expires. Failing to do so means you lose your statutory excuse even if the original check was done correctly.
Q: How should I keep records of right to work checks?
Take a clear copy of the document or the online check result, record the date you carried out the check, and keep the copy for the duration of employment plus two years after they leave. For online checks, print or save the result from the Home Office checking service.
How Limelite Can Help
Right to work compliance is one of those areas where the process is clear but the execution can drift, especially in fast-growing or high-turnover environments. We support businesses with HR audits, manager training, process design and ongoing retained HR support to make sure these things don’t slip.
If you’re not confident your current process is watertight, it’s worth a conversation.
Book a free 30-minute discovery call at limelitehr.com
About the author
Laura Weston MCIPD, Senior HR Consultant at Limelite HR & Learning. Laura specialises in employment law, HR compliance, change management and policy support, helping organisations across Worcestershire and the UK navigate complex people challenges with confidence. Connect with Laura on LinkedIn.
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- Can You Reject a Job Applicant Because Their Visa Is About to Expire. What employers need to know about visa status, discrimination risk and right to work obligations.
- Inclusive Recruitment UK: How to Hire More Accessibly. How to widen your candidate pool and meet your legal obligations under the Equality Act.
- HR Compliance Support for SMEs. How Limelite helps small businesses and charities stay on the right side of employment law.
