Key points
- Every employer must check that a person can legally work in the UK before they start.
- There are three ways to check: a manual document check, the Home Office online service, or a digital identity check through a certified provider.
- A correct check, done before work starts, gives you a statutory excuse against a civil penalty.
- People with time-limited permission need a follow-up check before it expires.
Why the check matters
Employing someone who does not have the right to work in the UK can lead to a civil penalty of up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches. Knowingly employing an illegal worker is a criminal offence.
If you carry out a correct check before the person starts work, and keep the record, you have a statutory excuse: you will not be liable for a civil penalty even if the person later turns out not to have the right to work.
The three ways to check
Which method you use depends on the person and the documents they hold.
- Manual check: you examine the original document in the presence of its holder, then copy and date it.
- Online check: people with an eVisa or other digital immigration status give you a share code, and you check their status on the Home Office online service.
- Digital identity check: for British and Irish citizens with a valid passport, a certified Identity Service Provider can check the document using identity document validation technology.
Doing a manual check properly
A manual check has three steps: obtain, check and copy.
- Obtain the original document from the list of acceptable documents.
- Check it is genuine, belongs to the person, is valid and allows the work in question, and that dates of birth and photographs match.
- Make a clear copy that cannot be altered, record the date of the check, and keep it securely.
Follow-up checks
If a person has permission to work for a limited time, you must check again before that permission expires. Keep track of the date. A lapse in follow-up checks removes your statutory excuse from that point.
Keeping records
Keep a record of every check for the whole time the person works for you and for two years after their employment ends. The record should show the date of the check and, for manual checks, a copy of the document.
Agencies and labour providers
The duty to check falls on the employer. Where an agency or labour provider employs the worker, the agency must carry out the check. Clients often ask to see evidence that checks were made, so keep records easy to produce.
How Orca helps
Orca checks identity documents digitally with a live selfie match, records the right to work outcome and any expiry date against the worker, warns before permissions expire, and prevents assignment until the required checks are complete. Every check is logged, so you can show an inspector exactly what was done and when.
Questions
What is the penalty for employing an illegal worker?
A civil penalty of up to £45,000 per worker for a first breach and up to £60,000 for repeat breaches, unless you have a statutory excuse from a correct check.
How long must I keep right to work records?
For the duration of the employment and for two years after it ends.
Can I check a British passport digitally?
Yes. For British and Irish citizens with a valid passport, a certified Identity Service Provider can carry out a digital identity check.
Official sources
This guide is general information, not legal or tax advice. Rules change: check the official sources and take advice on your own situation.