Right to Work Checks: An Employer's Guide for 2026

Right to work checks are an essential part of the recruitment and onboarding process for UK employers. Whether you are hiring a permanent employee, bringing in temporary staff or preparing for changes coming into force in October 2026, getting your right to work checks right can help protect your business from financial penalties, operational disruption and discrimination risks.

For employers, the key principle is simple: the correct right to work check must be completed before the individual starts work.

But what exactly does a compliant check involve, which documents can be accepted, and what happens when someone’s permission to work is time-limited?

What are right to work checks?

A right to work check is a process used by employers to confirm that an individual is legally permitted to carry out the work they are being offered in the UK.

Depending on the individual’s circumstances, an employer may need to complete a manual document check, Home Office online check or an approved digital identity check.

The process should be applied consistently to every new hire, regardless of nationality. This is important not only for immigration compliance but also for reducing the risk of discriminatory recruitment practices.

The current GOV.UK guidance confirms that employers must carry out the appropriate check before employment begins. Correctly completing the prescribed process can provide a statutory excuse against a civil penalty if the worker is subsequently found not to have the required right to work. GOV.UK: Right to work checks – employer’s guide

Which documents can be used for a right to work check?

The documents or evidence required will depend on the individual’s immigration status.

Common examples include:

• A valid British passport.
• A valid Irish passport.
• A passport containing the appropriate endorsement, visa vignette or evidence permitting the individual to undertake the work.
• Certain immigration status documents with a photograph and supporting evidence where required.
• A frontier worker permit containing a photograph.
• A Home Office online right to work profile accessed using a share code and date of birth.

Not every right to work check will involve a physical document. Many workers now prove their immigration status digitally.

Employers should therefore avoid assuming that a passport, photocopy or verbal confirmation is sufficient. The appropriate checking route depends on the individual’s circumstances.

The GOV.UK checking service provides employers with a useful starting point for determining what evidence is required. GOV.UK: Checking a job applicant’s right to work

When should employers carry out right to work checks?

Before the individual starts work.

This is one of the most important points for employers to remember.

A common mistake is allowing a new starter to begin work because the business is short-staffed, with the intention of completing the paperwork later. If the check is not completed correctly before employment begins, the employer may not have the protection of a statutory excuse.

Employers should also:

• Confirm that the documents or online status belong to the individual.
• Confirm that the individual is permitted to carry out the role being offered.
• Check any expiry dates.
• Identify restrictions on the type or amount of work permitted.
• Keep a clear copy or record of the check.
• Record the date the check was completed.
• Set reminders where a follow-up check will be required.

What happens when an employee has time-limited permission to work?

Some employees will have permission to work for a limited period.

If the employer intends to continue employing the individual after that permission expires, a follow-up right to work check will normally be required on or before the date the existing permission ends.

This is why right to work compliance should not stop once someone has passed their initial onboarding checks.

A good HR process should record relevant expiry dates and trigger reminders well in advance. A centralised HR system can also help ensure follow-up checks are not missed.

The GOV.UK guidance confirms that employers need to re-check individuals with time-limited permission where they intend to continue employing them beyond the existing permission period.

Right to work checks and overseas workers

Employers recruiting from overseas may encounter additional immigration and sponsorship considerations.

A Certificate of Sponsorship does not, by itself, prove a right to work.

Employers must still complete the appropriate right to work check and retain the required evidence. The role being performed should also match the work the individual is permitted to undertake.

Where sponsorship is involved, employers may have additional sponsor licence and immigration obligations. This is an area where specialist advice can be particularly valuable.

What is changing from October 2026?

Employers should also be aware of important changes taking effect from 1 October 2026.

The updated Home Office guidance expands the Right to Work Scheme to cover certain arrangements beyond traditional employees, including workers engaged under a worker’s contract and individual subcontractors. It also introduces extended liability provisions in certain non-direct contractual arrangements.

This means businesses that use flexible, non-traditional or outsourced working arrangements should review their processes before the changes take effect.

The Home Office’s updated guidance states that the October 2026 version comes into force on 1 October 2026.

What are the risks of getting right to work checks wrong?

Right to work checks are more than an administrative formality.

If an employer fails to carry out the prescribed checks correctly and employs someone without the required permission, the consequences can include:

• Civil penalties of up to £60,000 per illegal worker.
• Criminal sanctions in serious cases.
• Potential imprisonment where the employer knowingly employs someone without the right to work.
• Reputational damage.
• Operational disruption.
• Sponsor licence and regulatory risks.
• Additional employment and discrimination issues.

The current Home Office guidance confirms that employers may face a civil penalty of up to £60,000 per illegal worker where the required checks have not been carried out correctly.

A simple right to work checks checklist

Before a new employee or worker starts, ask:

Have we:

• Completed the check before their start date?
• Used the correct manual, online or permitted digital checking method?
• Confirmed the evidence belongs to the individual?
• Confirmed they are permitted to carry out this particular role?
• Checked expiry dates and work restrictions?
• Kept a clear record of the evidence?
• Recorded the date of the check?
• Set a reminder for any required follow-up check?
• Applied the same process consistently to other new starters?
• Escalated any concerns, mismatches or unclear immigration status appropriately?

A consistent process can make right to work compliance much easier to manage.

1. Do British citizens need a right to work check? Yes. Employers should apply their right to work checking process consistently to all new hires, regardless of nationality. This helps employers meet their legal obligations while reducing the risk of discriminatory practices.

2. Can someone start work before their right to work check is completed? In most cases, no. The appropriate check should be completed before employment begins. Where an individual has an outstanding application or appeal, the Employer Checking Service may be relevant.

3. Is a passport enough to prove someone’s right to work? Not necessarily. The correct evidence depends on the individual’s circumstances. Some individuals will need a Home Office online check rather than a manual passport check.

4. How long should employers keep right to work records? Employers should retain evidence of the check securely and be able to produce it if required. GOV.UK guidance states that records should generally be kept for the duration of employment and for two years afterwards.

5. Do employers need to repeat right to work checks? Sometimes. Where an individual has time-limited permission to work and the employer intends to continue employing them, a follow-up check will generally be required before the existing permission expires.

6. What should an employer do if a worker’s documents do not look right? Do not ignore the issue. Investigate the discrepancy promptly and seek appropriate advice where necessary. Depending on the circumstances, the Employer Checking Service or specialist immigration advice may be required.

7. How can employers in Farnham, East Sussex and Essex improve right to work compliance? Start with a consistent onboarding process, clear responsibility for completing checks, secure record keeping and a diary system for follow-up checks. At Sammons, we understand how important robust recruitment and onboarding processes are for employers across the South East.

Getting right to work checks right is an important part of responsible recruitment. But compliance should sit alongside a wider recruitment process that helps employers find the right people, onboard them effectively and build strong teams.

At Sammons Recruitment Group, our teams work with employers across Farnham, East Sussex, Essex and beyond, helping businesses with their recruitment needs across a range of sectors.

If you are reviewing your recruitment processes, looking to strengthen your workforce or need support finding your next hire, speak to our team today;

Farnham: 01252 727887 | Hastings: 01424 723723 | Pensions: 01277 268 988