Right to Work Checks UK: Employer Guide 2026

All UK employers have a legal obligation to check that every employee has the right to work in the UK before their employment begins. Getting this wrong can result in a civil penalty of up to £60,000 per illegal worker (from 2024). Our Bolton immigration solicitors explain what employers need to know.

Who Must You Check?

You must conduct a right-to-work check for every person you employ in the UK — regardless of their nationality, how long they have been with you, or how they were recruited. There is no exemption for zero-hours workers, contractors or temporary staff.

Types of Right-to-Work Check

Online Check via the Home Office Share Code System

Workers with biometric residence permits, eVisas or settled/pre-settled status can generate an online Share Code allowing employers to check their status via the Home Office portal. This is the most common and reliable method for non-British/Irish workers and provides a statutory excuse.

Manual Document Checks

British and Irish citizens, and those with status not yet on the eVisa system, can demonstrate their right to work via physical documents: British or Irish passports, birth certificates with NI number evidence, or EEA passports (for pre-settled/settled status holders before their status was transferred to eVisa). Employers must copy documents and date the check.

Employer Checking Service (ECS)

For workers who have an outstanding Home Office application or appeal, the Employer Checking Service can be used to verify their status.

Civil Penalties and Criminal Liability

Employing someone without the right to work can result in a civil penalty of up to £60,000 per worker (as of 2024 increases). Criminal prosecution is possible if you knowingly employed someone without the right to work, with sentences of up to 5 years’ imprisonment.