What is a Right-to-Work re-check?
A Right-to-Work re-check is a follow-up check conducted when a worker's initial right to work is time-limited. Workers on visas, work permits, or other forms of time-limited leave (referred to as 'List B' documents in Home Office guidance) have a right to work that expires on a specific date. Before that date, you must check that their leave has been extended — by conducting a fresh check using the Home Office Online Check Service or by checking their updated documents.
Which workers need a re-check?
Workers whose right to work is based on a List B document — a Biometric Residence Permit with an expiry date, a visa vignette, a share code confirming limited leave under the EU Settlement Scheme (pre-settled status), or similar — need a re-check on or before the expiry of their leave. Workers with a permanent right to work (List A — settled status, British passport, full birth certificate + NI number) do not need re-checking.
When exactly must the re-check happen?
On or before the date the worker's leave expires. Not the day after. Not when you get around to it. If a worker's Skilled Worker visa expires on 1 July, the re-check must happen on or before 30 June. A re-check conducted on 2 July does not give you the statutory excuse — the worker was technically working without confirmed right to work on 1 July.
What happens if you miss a re-check?
If a Home Office inspection occurs and the worker's leave has expired without a completed re-check, you have no statutory excuse. The civil penalty applies: up to £45,000 for a first breach, up to £60,000 for a repeat offence — per worker. The penalty applies even if the worker does in fact have the right to work (for example, they renewed their visa but you didn't check). Evidence of the check is what matters, not the outcome.
How to avoid missing a re-check
The most reliable approach is automated tracking. Record every worker's leave expiry date in a system that sends you alerts before the re-check is due — not just one alert, but escalating reminders that continue until the re-check is completed. StaffClock tracks every re-check date and sends daily alerts from expiry until you mark it done. It also logs every completed re-check with a timestamp — the audit trail you need to demonstrate the statutory excuse.