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Right-to-Work Checks for New Starters: A Step-by-Step Guide for UK Employers

Every time you hire a new employee, you must check their right to work in the UK before they start. Getting this process right — and consistent — is the foundation of a defensible compliance position. This step-by-step guide walks through exactly what to check, how to check it, and what to record.

Step 1: Ask for a document or share code before day one

Before the worker starts, ask them to provide either: (a) an original document from the Home Office's List A or List B; or (b) a share code generated via the Home Office View a Job Applicant's Right to Work Details service at gov.uk/view-right-to-work. It is illegal to discriminate by asking only non-UK nationals for proof — you must conduct the same check for every worker.

Step 2: Check the document in person or use the online service

If checking a physical document: examine the original (not a photocopy), check the expiry date, check the photograph matches, and check any work restrictions. If using the online share code service: go to the Home Office URL, enter the share code and the worker's date of birth, and follow the prompts. Print or save a PDF of the result page — this is your record.

Step 3: Record what you checked and when

Record: the document type (e.g., 'UK Passport', 'BRP — Skilled Worker visa', 'Share code result — settled status'); any reference number or document number; the date you conducted the check; and the expiry date of any time-limited document or leave. If the right to work is time-limited, record the date you need to re-check.

Step 4: Schedule the re-check if the right to work is time-limited

If the worker's right to work expires on a specific date (a visa expiry, a pre-settled status expiry), you must schedule a re-check on or before that date. Don't rely on memory. Set a calendar reminder, use a dedicated tracking tool, or use StaffClock to monitor re-check dates automatically with escalating alerts.

What if the worker can't produce documents yet?

If a worker is waiting for a Home Office decision (for example, they have an outstanding leave to remain application and a 'positive verification notice'), they can still work. However, you must follow a specific process for this — using the Home Office Employer Checking Service and keeping a record of the response. Do not simply assume a worker has the right to work because they say they're waiting for an outcome.

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