What are right to work checks

In the United Kingdom, it is the employer’s responsibility to perform right to work checks before recruiting new employees. Employers must ensure that the documents provided by applicants are accurate and authorise them to work in the UK. This section defines what right to work checks are, introduces right to work share codes and details the various types of documentation required, including an explanation of List A and List B documents.

Right to work documentation 101

Right to work checks are a legal requirement for employers in the United Kingdom. Employers must verify that their employees have the legal right to work in the UK and comply with the Sections 15 – 25 of the Immigration, Asylum and Nationality Act 2006. This legislation is supported by the Home Office which provides guidance and regular updates. 

As an employer, use their resources to guide you as you conduct these checks correctly ensuring that you are only hiring individuals who are legally permitted to work in the United Kingdom.

What is a right to work share code

Right to work share codes are an integral part of the right to work checks, serving as proof of an individual’s right to work in the UK. This code is generated online and provided to individuals seeking employment through the GOV.UK website. The potential employee communicates this code to the employer to prove their right to work. Employers then use the code to:

• Check the types of jobs the applicant is permitted to do in the United Kingdom
• Validate the duration the individual is authorised to work in the United Kingdom

Related: 5 useful questions for employers to ask when conducting a reference check

What is right to work documentation?

Right to work documents are approved by the Home Office. Employers need to be familiar with two main categories of these documents to streamline the verification process for their HR teams. Below is an overview of List A and List B documents.

Related: Recruitment and selection: how to choose the right candidate

Right to work documents – List A explained

List A are documents that show evidence that the candidate has permanent and unrestricted right to work in the United Kingdom. As such, the documentation exempts the employer from conducting further checks. Here are examples of List A documents:

• A full United Kingdom passport that confirms the candidate’s British nationality
• A passport from a British Overseas Territory that grants the right of abode in the UK
• A passport or ID card showing that the candidate is an Irish citizen
• A document approved by the Home Office Employer Checking Service that shows that the holder has been granted indefinite leave to enter or to remain, along with official proof of the person’s permanent National Insurance number and their name
• A passport showing that the individual is exempt from immigration control and can stay indefinitely in the UK
• An immigration status document issued by the Home Office with an endorsement indicating that the candidate is allowed to stay indefinitely in the UK
• A birth or adoption certificate issued in the UK, accompanied by an official document with proof of the person’s National Insurance number and their name
• A certificate of registration or naturalisation as a British citizen, accompanied by an official document with proof of the person’s National Insurance number and their name

Related: How Indeed can support a digital recruitment process

Right to work documents – List B explained

List B documents are divided into two groups, each with different conditions and specific verification requirements. These documents indicate a temporary or partially restricted right to work.

List B – Group 1:

• A current passport showing that the holder is allowed to stay in the UK and permitted to do the type of work you would like them to do
• A document showing that the holder has been granted limited leave to enter or remain
• A current Immigration Status Document issued by the Home Office, containing a photograph and a valid endorsement showing that the holder may stay in the UK and is allowed to do the type work you would like them to do

List B – Group 2:

• A document from the Home Office showing that the holder has applied for leave to remain or enter under Appendix EU of the immigration rules (EU Settlement Scheme). The application must have been made on or before 30 June 2021 along with a PVN (Positive Verification Notice) delivered by the Home Office Employer Checking Service.
• A document showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or after 1 July 2021, together with a valid verification notice from the Home Office Employer Checking Service.
• An Application Registration Card issued by the Home Office that permits the holder to take the employment you wish to hire them for, along with a Positive Verification Notice.
• In Jersey and the Isle of Man a document issued by the Bailiwick of Jersy, the Bailiwick of Guernsey or the Isle of Man showing that the holder has applied for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration rules

Related: Phone interview questions to ask candidates

Right to work checks: a guide for employers

This section explores the various ways employers can check their candidates’ right to work status. It also outlines the three fundamental steps that HR teams can follow during the checks and highlights the potential penalties for non-compliance.

Ways employers can complete right to work checks

Employers have the option to conduct right to work checks either in person or digitally, but both methods must comply with legal requirements. The approach used may vary depending on the candidate’s specific circumstances.

Implement a thorough process in your business for right to work checks and strive to remain compliant at all times. Here are some of the ways you as an employers and your HR team can check right to work:

Manual RTW checks

Manual checks involve meeting the candidate in person and physically inspecting their documentation. Employers should refer to the list of approved documents that confirm the candidate’s right to work in the United Kingdom.

Related: New recruit onboarding checklist

Digital RTW checks

Employers can use an IDSPs (Digital Identity Service Provider) for digital checks. These providers perform the checks on behalf of the employer, offering added security and assurance against civil penalties.

Online RTW checks

The government provides an online checking service that employers can use to verify a candidate’s right to work. This service utilises the employee’s share code, allowing employers to determine whether the candidate’s leave is time-limited or if they have indefinite leave to remain in the United Kingdom.

Use the employer checking service

The Home Office offers a free online Employer Checking Service for situations where a candidate cannot provide acceptable documentation for manual checks. This service is particularly useful when an individual is awaiting a Home Office decision on their application.

Three steps to a right to work document check

The following three steps are based on Home Office guidance to be followed by HR teams when hiring a new employee to ensure compliance.

1. Collect the documentation

The first step is to obtain the necessary documentation from the candidate. Employers should refer to List A and List B for acceptable documents. It’s important to note that driving licences, DBS checks and criminal record checks do not qualify as right to work checks.

2. Check the documentation

Evaluate the documentation to ensure it is genuine. If the information comes directly from the Home Office, there is no need to see physical evidence – a simple photo ID check is sufficient. However, if this is not the case, employers should review the documents closely for any restrictions, following Home Office guidelines.

3. Keep a copy of the checks

Storing the documentation properly is essential. Do this safely and securely either with hard copies or electronic versions. Keep the documentation for the duration of the employment and for two years after it has ended. Copies are signed and dated by the individual performing the checks and electronic versions are recorded in PDF format to ensure they cannot be tampered with.

Related: Data protection and HR GDPR for employers

Possible risks to employers who fail to undertake RTW checks

Failure to comply with right to work checks may be subject to penalties. For example:

• Civil penalties

Employers who recruit someone without performing checks or fail to conduct the checks properly may face a civil penalty of up to £60,000 per illegal worker.

• Criminal prosecution

In serious cases, employers may be subject to criminal prosecution with up to five years in prison. This applies when employers knowingly employ illegal workers and conceal these actions from the authorities.

• Financial loss and damage of reputation

Penalties for non-compliance may include enforced debt action, county court judgements and even the disqualification of company directors. In severe cases, businesses may be forced to cease trading. Additionally, actions against the business can seriously damage the employer’s brand causing long-term reputational harm.

• Stoppage of recruitment of international talent

Employers with sponsorship licences risk having these withdrawn if they fail to comply with regulations. This revocation would prevent the business from recruiting international talent, potentially impacting its operations significantly.

Related: Tips for improving your talent sourcing

It is a legal requirement for employers to conduct right to work checks of their potential employees. Failure to do so may result in heavy fines and other legal action. Make right to work checks an integral part of your business’s recruitment process to ensure compliance with regulations throughout the employment process.