It is crucial for all employers to understand how to perform right to work checks on potential employees. Failing to do so correctly can result in severe penalties, including fines, imprisonment or both, for hiring an illegal worker.
Right to work checks must be carried out for all prospective employees, regardless of their nationality or ethnic background, before they commence employment.
Due to Covid-19, an ‘adjusted’ right to work checking process was introduced, allowing checks to be conducted via video call. However, this process is now changing.
Starting from 1 October 2022, British and Irish workers must have their right to work documents verified either face to face or digitally through an Identity Service Provider (IDSP). Video calls will no longer be permitted for right to work document checks.
Only face-to-face checks, digital checks by an IDSP, or online checks (for foreign nationals with a visa) conducted on the Home Office website will provide a statutory excuse against a negligent illegal working offence. These checks must be completed on or before the employee’s first day of work.
Our downloadable resource, in collaboration with the Better Hiring Institute, provides everything you need to stay compliant with the new changes all in one place to ensure your processes is up to date.
Right to work: Legal framework penalties
The UK’s Right to Work legislation places a legal obligation on every employer to ensure that individuals are permitted to work before they start employment. This framework forms part of the government’s wider strategy to prevent illegal working and protect compliant employers. Penalties for failing to conduct proper checks have increased in recent years, with fines reaching up to £60,000 per illegal worker, alongside the risk of criminal prosecution and significant reputational damage.
With updated Home Office guidance and a strengthened post‑Brexit compliance environment, ensuring your organisation can demonstrate a statutory excuse is more essential than ever. Our guide breaks down these legal requirements, helping employers reduce risk, avoid penalties, and maintain a fully compliant hiring process.
Right to work checks: Acceptable documents
Understanding which documents are acceptable for Right to Work checks is fundamental to compliance. Employers must follow Home Office‑approved documentation lists—commonly referred to as List A (continuous right to work) and List B (time‑limited right to work requiring follow‑up checks).
Acceptable evidence includes British and Irish passports, specific immigration endorsements, valid Biometric Residence Permits (BRPs), and share‑code‑based digital status for workers with eVisas. Importantly, several older document types have been phased out, and expired BRPs can no longer be accepted.
Our downloadable resource provides clear summaries of acceptable documents, step‑by‑step instructions, and practical examples to help your team carry out inspections confidently and consistently.
Digital IDSP process for right to work checks
Digital Right to Work checks, conducted through certified Identity Service Providers (IDSPs), now play a central role in verifying British and Irish passport holders. This secure digital process uses Identity Document Validation Technology to authenticate identity and helps employers streamline onboarding—without compromising on compliance standards.
While IDSPs perform the technical verification, employers remain fully responsible for ensuring checks are carried out correctly and before the first day of work. For non‑British and non‑Irish nationals, online Home Office checks or manual checks may still be required depending on immigration status. The guide explains when digital checks can be used, how the IDSP process works, and how to choose compliant verification providers.
Right to work in the UK: Recent changes & updates
Right to Work requirements have undergone significant updates in recent years, particularly as the Home Office moves toward a digital‑first identity and immigration system. Changes include:
The end of Covid‑19 adjusted checks
The increased use of digital identity verification
Transition from physical immigration documents toward digital eVisas
Updated rules on BRP expiry and online checks
Expanded employer responsibilities as workforce models evolve
Staying ahead of these developments is essential. Our resource keeps employers informed about the latest regulatory updates so that your hiring processes remain lawful, secure, and future‑proof.
What you'll learn in the downloadable right to work guide:
Checks required for British and Irish passport holders
Learn exactly how to verify the identity and right to work status of British and Irish citizens under the updated rules. This includes when digital checks can be used, what documents are acceptable, and how to ensure your process meets Home Office standards.
Checks required for overseas workers
Understand the full range of checks required for foreign nationals, including online verification for visa holders and the documentation you must review before employment begins. This section breaks down each step so you can confidently remain compliant.
When face-to-face checks are required
Get clarity on when an in‑person identity check is mandatory and how this differs from digital and online checks. You’ll learn how to conduct compliant face‑to‑face checks that provide statutory protection against illegal working penalties.
Frequently asked questions
Benefit from clear answers to common employer questions—covering topics such as adjusted checks, statutory excuses, IDSPs, and what has changed since Covid‑19. Perfect for quickly resolving uncertainties within your hiring team.
Useful links to help you learn about the latest regulations
Access a curated list of authoritative resources so you can stay up to date with ongoing Home Office updates and best‑practice hiring guidance. These links help ensure your processes continue to meet the latest legal requirements.
Download our free, 'Right to work guide', to help your organisation stay compliant using the button at the top of this page.