Right-to-Work Re-Checks: What Every UK Employer Needs to Know

Quick answer

A Right-to-Work re-check is a follow-up check required for workers with time-limited leave (List B). It must happen on or before the date their leave expires. Miss it and you lose your statutory excuse — the civil penalty of up to £45,000 per worker applies even if the worker did have the right to work.

Most employers know they have to run a Right-to-Work check before someone starts. The re-check obligation, the follow-up required for workers with time-limited leave, is where businesses get caught out. Miss it and the statutory excuse you relied on quietly lapses.

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, for example a Biometric Residence Permit with an expiry date, a visa vignette, or a share code confirming limited leave under the EU Settlement Scheme (pre-settled status). These 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, or full birth certificate plus 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 and not whenever you get round to it. If a worker's Skilled Worker visa expires on 1 July, the re-check must happen on or before 30 June. Run it on 2 July and you have no statutory excuse, because 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 alerts you before the re-check is due, and keep alerting on an escalating basis until the re-check is completed rather than firing a single reminder. 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, which is the audit trail you need to demonstrate the statutory excuse.

Frequently asked questions

When does a right-to-work re-check have to happen?

On or before the date the worker's time-limited leave expires. A check done even one day late doesn't give you a statutory excuse for the period the leave had lapsed, so schedule the re-check for on or before the expiry date.

Do all employees need a re-check?

No. Only workers whose right to work is time-limited (List B documents) need a follow-up check. Workers with a permanent right to work (List A, such as a British passport or settled status) give you a continuous statutory excuse and don't need re-checking.

What's the penalty for missing a re-check?

The illegal working civil penalty is up to £45,000 per worker for a first breach and up to £60,000 for a repeat breach, under the Code of Practice that took effect on 13 February 2024. The penalty can apply even if the worker did have the right to work, because evidence of a timely check is what protects you.

This is general information, not legal or immigration advice — check the linked GOV.UK guidance or a qualified adviser for your situation. Last reviewed against current official guidance on 2 June 2026.