A Guide to Right to Work Checks for Employers

Every employer has a legal duty to check that their employees have the right to work before they start. It's not optional, not negotiable, and not something to skip on your first day of hiring chaos. In the UK, the Home Office publishes detailed right to work check guidance; in the US, USCIS requires the I-9 form. Get this wrong and you're facing civil penalties, fines in the tens of thousands, and—in serious cases—criminal prosecution. The good news: the process is straightforward once you understand it.

This guide explains how to conduct right to work checks properly and consistently, so you stay compliant and protect your business.

Why right to work checks matter

Right to work checks serve two critical purposes:

Legal compliance: If you hire someone without the legal right to work, you face civil penalties that can be substantial. Each illegal worker can trigger fines that run into thousands of pounds or dollars, and they stack.
Statutory excuse: This is the key: if you conduct the check correctly, you earn a "statutory excuse" — a legal defence that protects you even if an employee later turns out to have used fraudulent documents. You followed the process in good faith. You're covered.

The statutory excuse is why this matters more than it first appears. An employee can forge a passport, and if you followed the correct checking procedure, you're protected. If you skipped steps or didn't bother, you're liable regardless. It's the difference between complying and gambling.

When and how to conduct right to work checks

Right to work checks must happen before employment begins. Not during the first week. Not during probation. Not "when you get around to it." Before the employee's first day.

Some employees also require follow-up checks at set intervals—those with time-limited permission to work (visa expiry dates, for example). You must re-check before the expiry date. If you miss it and their permission lapses, you've again employed someone without the right to work.

The process follows three straightforward steps.

Step 1: Obtain original documents

Ask the employee to provide original documents—not photocopies, not photos on their phone, not emails. Original documents. You need to see and inspect the real thing.

Acceptable documents split into two categories:

List A: Unrestricted right to work These show permanent or unrestricted permission. Examples include:

A passport proving citizenship
A permanent residence card or document
A birth or adoption certificate paired with an official document proving unrestricted status

List A documents mean one check, done. No follow-ups needed.

List B: Time-limited right to work These show temporary or restricted permission. Examples include:

A passport with a visa or endorsement stamped into it showing a time-limited right to work
A residence permit with an expiry date
A certificate of application or positive verification from the immigration authority

List B documents require follow-up checks before the permission expires.

Step 2: Inspect the documents carefully

Once you have originals, check:

Photo matches: Does the person in front of you match the photo?
Date of birth: Is it consistent across all documents?
Expiry dates: Are the documents valid?
Work permission: Does the visa or endorsement allow the type of work you're offering?
Restrictions: Any limits on hours worked, locations, or job types?
Authenticity: Does it look real? Check for tampering, mismatched fonts, smudged text, or obvious fakes.

If something looks off, don't reject the candidate and move on. Contact the relevant authority to verify. A one-minute call prevents a major compliance headache later.

Step 3: Copy and retain records

Make clear copies of:

For passports: the page with the photo, nationality, date of birth, signature, expiry, and any visa endorsements
For other documents: front and back, entire document

Record the date you conducted the check. Store everything securely. Retention periods vary by jurisdiction (typically two years in the UK after employment ends), so check your local rules—but keep them.

Without records, you can't prove you did the check, which means you lose the statutory excuse even if you actually did check.

Online verification and digital checks

Many jurisdictions now offer digital verification. An employee gives you a share code or reference number, you enter it into the government system, and it confirms their right to work status in real-time.

Online verification:

Is often faster than document checking
Is sometimes mandatory for certain categories of worker (digital-only immigration status, for example)
Still requires the same record-keeping as document checks

Check your local guidance to see if online verification is required, optional, or not yet available in your jurisdiction.

Conduct checks fairly and consistently

Check every new employee, regardless of nationality, appearance, accent, or name. Checking only employees who "look foreign" is discriminatory and illegal. Right to work checks are part of a broader employer responsibility to treat all employees fairly—including preventing workplace bullying and ensuring statutory leave entitlements are respected.

Apply identical process to every hire. This protects you from discrimination claims and ensures consistency. As you hire people and work on writing clear job descriptions and onboarding, right to work checks should be a non-negotiable step in the same process for every person.

If an employee can't provide required documents by their start date, don't let them start. Making exceptions is how compliance disasters happen.

Record-keeping, follow-ups, and penalties

For employees with time-limited right to work, repeat the three-step process before their permission expires:

Obtain updated original documents
Check them thoroughly
Make and retain copies with the check date

If permission is extended, record the new expiry and schedule the next follow-up. If it isn't extended and they can't demonstrate ongoing right to work, you may need to end employment.

Small teams can track expiry dates in a spreadsheet. As you grow, integrated payroll software (like Relentify's platform) tracks right to work expiry dates alongside other employee records and sends reminders before checks are due, which eliminates the forgotten-deadline problem. Solid record-keeping and compliance across all employment matters—from right to work through workplace pensions and tax—means fewer surprises and stronger protections.

Non-compliance carries serious consequences:

Civil penalties: Heavy fines per illegal worker, often tens of thousands. Repeat offences trigger higher penalties.
Criminal prosecution: Knowingly or recklessly employing someone without right to work can result in criminal charges and potential prison sentences.
Reputational damage: Immigration enforcement actions tend to be publicised, which damages trust and your brand.

The statutory excuse is your shield. Conduct every check properly, keep your records, and you're protected.

Frequently Asked Questions

Q: Can I accept a digital photo of a document instead of the original? No. You must see and inspect the original document in person. Digital images don't allow you to check for forgery or tampering, and they don't satisfy legal requirements.

Q: What if an employee refuses to provide documents? You cannot allow them to start work. No right to work check, no employment. There are no exceptions.

Q: If I conduct an online verification, do I still need to keep document copies? Check your jurisdiction's guidance. Some online systems replace document checks entirely; others require both. When in doubt, do both—it only costs a few minutes and strengthens your compliance position.

Q: How often do I need to re-check an employee with unrestricted right to work? Never. A List A document means one check, done. No follow-ups.

Q: What happens if I discover an employee's right to work has expired? You must act immediately. The employee can no longer work (because they don't have the legal right to). You need to end the employment or, if possible, work with them to restore their right to work status. Do not continue employing them.

Q: Can I rely on information the employee told me verbally? No. You must check actual documents. Verbal statements aren't a substitute.

Q: Who is responsible for conducting the check—HR, the hiring manager, someone else? You (the employer) are responsible. You can delegate the task, but you remain legally liable. Make sure whoever does it understands the process.

Q: Do I need to check right to work for contractors and freelancers? This varies by jurisdiction and contract structure. In the UK, the rules apply to employment contracts. For self-employed contractors and freelancers, different rules may apply—check your local guidance.

Staying compliant: practical tips

Check before day one: Build right to work checks into your offer-acceptance process, not your onboarding. The check must be done before they start.
Use a checklist: Create a standard checklist so nothing is missed and every hire follows the same process.
Train anyone involved in hiring: They need to understand what documents to accept and how to spot fakes.
Be consistent: Apply the same process to every new hire. Consistency protects you legally.
Track expiry dates: Set calendar reminders or use software that does this automatically. Forgotten follow-up checks are the most common compliance failure.
Store records securely: Comply with data protection requirements (GDPR in the UK, etc.) when keeping copies of identity documents.
Contact the authority if unsure: A one-minute call to verify a document beats a significant fine.

Right to work checks are non-negotiable. They take minutes per employee and give you the statutory excuse that protects your business. Build them into your onboarding, treat them seriously, and you'll stay compliant. Skip them or rush them, and you're gambling with your company's future.