Right to Work checks in the UK: Everything you need to know
Right to work checks are a vital part of the pre-employment screening process in the UK. They enable businesses to verify that every potential employee has the legal right to work in the country. In today’s competitive hiring environment, ensuring compliance not only protects employers from hefty fines and legal repercussions but also upholds the integrity of the workforce. In this article, we explore what a right to work check entails, the current legal requirements for 2025, and how both employers and recruitment agencies can streamline the process while staying compliant.
Understanding the Right to Work check
A right to work check is a background screening process that confirms a job candidate’s legal status to work in the UK. Employers carry out this check to verify a candidate’s identity, assess their employment history, and validate the authenticity of documents such as passports, driving licences, or biometric residence permits. The overall goal is to ensure that both the employer and the employee remain compliant with UK immigration laws. Beyond document verification, many employers also check right to work to confirm that candidates do not have any criminal records or industry-specific bans, thus safeguarding their business reputation.
The importance of compliance
Every employer in the UK is legally required to perform a right to work check before hiring. Failing to do so can result in severe consequences. Recent legislative changes have increased the civil penalties for non-compliance, with fines now reaching up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches.
These higher penalties aim to discourage employers from bypassing legal requirements and to eliminate any financial gain from non-compliance. In cases where employers knowingly hire someone without the right to work, the consequences can include up to five years in jail and an unlimited fine. By conducting thorough checks, companies can avoid risks and maintain a lawful and secure workforce.
How to carry out a Right to Work check
Employers must follow clear guidelines as outlined by the Home Office.
- The process begins with obtaining the candidate’s original documentation, such as a passport, national ID card, or biometric residence permit.
- Once these documents are in hand, employers must verify that they are genuine and belong to the candidate by comparing them to the candidate’s appearance and checking for any signs of tampering.
- It is also essential to make clear and legible copies of these documents and to record the date on which the check was performed.
- For candidates with time-limited work permissions, follow-up checks should be scheduled before their right to work expires.
In today’s digital age, many organisations are turning to automated solutions that integrate with GOV.UK to expedite the verification process and reduce administrative overhead. Learn about Access screening and onboarding solutions for recruiters.
Evolution of Right to Work checks in the UK
Right to work checks have been a legal requirement in the UK since 1997, when they were introduced as part of the Asylum and Immigration Act. Over the years, the requirements have evolved. The introduction of the online Right to Work Checking Service in 2019 marked a significant shift towards digital validation.
More recently, from 1st October 2022, the Home Office mandated the use of Identification Document Validation Technology (IDVT) for digital checks, especially for British and Irish citizens holding a valid passport. This evolution reflects the government’s ongoing efforts to strengthen the integrity of the immigration system while simplifying the verification process for employers.
How long does Right to Work check take?
The duration of a right to work check can vary. In ideal circumstances, where the candidate’s documents are complete and readily available, the check can be completed within minutes.
However, if there are discrepancies or if the necessary documentation is not immediately provided, the process may take longer. The key is to ensure that each check is thorough and that all relevant documents are securely stored for future reference.
See how our software can enable your company to check right to work status of your potential employees.
The role of recruitment agencies
Recruitment agencies are equally bound by the legal requirement to conduct right to work checks. Under the Immigration, Asylum and Nationality Act 2006, agencies must verify a candidate’s right to work before presenting them to clients.
Whether the agency handles the checks internally or outsources the process to a registered and approved third-party provider, compliance is non-negotiable. Some agencies might request additional documentation, such as proof of address or employment references, to further reduce the risk of non-compliance.
For larger agencies processing hundreds of candidates weekly, leveraging a digital solution can significantly reduce the time spent on administrative tasks and accelerate the hiring process.
Conclusion
Right to work checks are more than just a legal formality - they are a crucial safeguard that protects employers from severe financial penalties and legal risks while ensuring that only eligible candidates are hired.
By understanding the process, staying updated with the latest legislative changes, and utilising the right digital solutions, both employers and recruitment agencies can maintain compliance efficiently.
Discover Access Screening for a more streamlined and automated approach to processing right-to-work checks, swiftly and securely. Our solution directly integrates with GOV.UK to simplify the verification process for your recruiters.
See how to ensure trust with reliable background checks
Resources
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Discover Access Screening’s 2022 research in conjunction with In-House Recruitment, displaying the potential for screening opportunities.