Who must you check?
Every employee, regardless of nationality. You must check UK nationals as well as workers from outside the UK — the only exception is where a worker was hired before April 1997. Failing to check a UK national does not result in a fine (as no civil penalty applies), but failing to check or re-check a non-UK national with time-limited leave does.
When must you conduct a Right-to-Work check?
Before the employee starts work — not after their first day. Late checks do not give you the statutory excuse. The check must happen before employment commences. For re-checks, the follow-up must happen on or before the date the worker's leave expires.
What documents are acceptable?
The Home Office publishes a definitive list of acceptable documents split into List A (permanent right to work) and List B (time-limited right to work). List A documents include a UK passport, a full birth certificate combined with a National Insurance number, or a Home Office share code confirming settled or pre-settled status. List B documents include a Biometric Residence Permit, a visa vignette, or a share code confirming a time-limited leave. Always record the document type and number, and where possible retain a copy.
When must you re-check?
For workers with time-limited right to work (List B), you must re-check on or before the expiry of their leave. For a Skilled Worker visa holder, this is the visa expiry date. For someone on BN(O) leave, the leave expiry date. The Home Office Online Check Service does not send you a reminder — monitoring the re-check date is entirely your responsibility.
What is the statutory excuse?
Employers who conduct Right-to-Work checks correctly and in good faith have a 'statutory excuse' against a civil penalty — even if the worker turns out to be working illegally with false documents. The statutory excuse is only valid if the check was conducted before employment, the correct documents were checked, and re-checks were done on time. A timestamped record of every check is essential to claim the excuse.
What are the penalties for getting it wrong?
Since 13 February 2024: £45,000 per worker for a first-offence civil penalty; £60,000 per worker for a repeat breach. Penalties are per worker caught, not per business. A business with five workers on lapsed Time-Limited leave faces up to £225,000 in a first-offence scenario. Criminal prosecution is also possible for knowingly employing someone without the right to work.