Right to Work Checks - Make Sure you are Adhering to the Law

The temporary adjustments that were made by the Home Office to Right to Work checks during the pandemic allowing online and digital checks to be carried out, came to an end on 30th September 2022. On 28th February 2023, the Home Office published an 'Employers Guide to Right to Work Checks' applying to checks conducted on or after 26 January 2023.

Right to Work checks establishing if a candidate is allowed to work in the UK MUST be carried out manually BEFORE employing them. Digital Right to Work checks can only be made by employers that have adopted the Identification Document Validation Technology (IDVT) method since 1st October 2022, to carry out digital checks on British and Irish citizens who hold a valid passport.

You can follow the legislation guidelines on manual checks below:

How to Carry Out a Manual Right to Work Check

Step 1: Obtain
You must obtain original documents from either List A or B of the acceptable documents at Annex A of the Employers Guide to Right to Work Checks.

Step 2: Check
You must check that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering. You must check that:

• photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation;
• expiry dates for permission to be in the UK have not passed;
• any work restrictions to determine if they are allowed to do the type of work on offer (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed);
• the documents are genuine, have not been tampered with and belong to the holder; and
• the reasons for any difference in names across documents can be explained by providing evidence (for example, original marriage certificate, divorce decree absolute, deed poll). These supporting documents must also be photocopied and a copy retained. 

Step 3: Copy
You must make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You must also retain a secure record of the date on which you made the check. You must copy and retain copies of:

1. Passports: any page with the document expiry date, the holder’s nationality, date of birth, signature, immigration permission, expiry date, biometric details, photograph and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question (the front cover no longer has to be copied).
2. All other documents: the document in full, including both sides of an Immigration Status Document and an Application Registration Card.

Click here for the full Home Office Employers Guide to Right to Work Checks

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