A right to work check confirms that a person is legally permitted to do the work being offered. The check must be completed before the person starts work.
Carrying out the check correctly, and keeping the evidence, gives the employer a statutory excuse against a civil penalty if the person later turns out not to have the right to work.
The three check routes
There is no single method. Which route applies depends on the individual's nationality and documents.
- Manual check — for British and Irish citizens presenting a passport or other listed document. The employer must see the original, check it in the person's presence, and keep a dated copy.
- Home Office online check — for anyone with an eVisa, BRP or settled status. The individual generates a share code and the employer uses the gov.uk employer checking service.
- Identity Document Validation Technology — a certified IDVT provider can digitally verify British and Irish passports on the employer's behalf.
Share codes
A share code is a nine-character code generated by the individual at gov.uk. It is valid for 90 days and must be paired with the person's date of birth to open the record.
Codes generated for renting or other purposes will not work. The individual must select the option to prove their right to work.
The online check returns a profile photograph. The employer must confirm the photo matches the person, and must retain a copy of the response, either printed or as a PDF, for the duration of employment and two years afterwards.
Time-limited permission and follow-up checks
Where the online check shows a permission that expires, the statutory excuse only runs until that date. A follow-up check must be carried out before the expiry, and the person must stop work if it cannot be evidenced.
Students with restricted term-time hours require the additional evidence of their academic term dates and course length.
Employer liability
Employing someone without the right to work carries a civil penalty of up to £45,000 for a first breach and up to £60,000 for repeat breaches, per illegal worker. Knowingly employing an illegal worker is a criminal offence carrying up to five years' imprisonment.
Where labour is supplied by an agency, the agency is the employer and carries the check duty, but the main contractor retains reputational and contractual exposure. Most PQQ packs therefore ask a labour supplier to evidence its check process and record retention.
Hard Hat completes a right to work check on every operative before the first shift, stores the dated evidence against the worker record, and diarises follow-up checks for time-limited permissions.