Right to work checks

All workers. It is essential that assumptions are not made about the nationality of staff based on their name, accent, appearance, or current employment.

Checks must always be carried out:

• prior to employment for all staff;
• when a non-UK national worker is changing jobs (to ensure no restrictions exist) - this does not apply to Irish citizens;
• when a worker whose visa or other work authorisation is expiring; and
• at the point when a worker is granted settlement (also called ‘indefinite leave to remain').

If it is not practical to make a physical check of their documents in advance of their first day, you must ensure that original documents are brought to the HR Recruitment Team on Day One before they commence work.

• Accept original documents only;
• Carry out the check with the person physically present
  1. Check photos are consistent with the person’s appearance
  2. Check photos and dates of birth are consistent across all documents
  3. Check for expiry dates
  4. Check for restrictions on work
  5. Where applicable, check reasons for name changes (such as marriage), and that these are supported by documentation, and photocopy that additional documentation
• Take a copy of the original document (When taking passport copies take a copy of the personal details page, any visa stamps;
• Certify (sign) the copy by writing the words ‘The date on which this right to work check was made was’ and include the date together with your signature and name in full;
• Provide the copy to the HR Recruitment Team so that it can be stored on their personnel file; and
• Fill in the Eligibility Checklist for the appointed candidate and send it the HR Recruitment Team.

The Home Office maintains a list of the only documents we can accept. It is divided into List A (documents which show a continuous right to remain) and List B (documents which show a temporary right to remain). The lists are available on Gov.UK - see Right to work checklist.

From 6 April 2022, all biometric card (Biometric Residence Permit - BRP, Biometric Residence Card - BRC) holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept physical cards for the purposes of a right to work check even if it shows a later expiry date.

The range of documents that could be presented is wide, so some guidance on their format, content, and things to look out for is available on Gov.UK - see Right to work checks: an employer's guide.

If you are in any doubt whatsoever, contact the HR recruitment team who will be able to advise you further.

For an online right to work check (available in respect of those with a biometric residence permit, a biometric residence card or have status issued under the EU settlement scheme) you will need the job applicant’s date of birth and right to work share code. There are three basic steps to conducting an online right to work check:

• use the Home Office online right to work checking service in respect of an individual and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question;
• satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
• retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.

There is an easy to use tool to check whether someone has the right to work based on the documentation presented on Gov.UK - see Check if a document allows someone to work in the UK. Use their online service to check a job applicant’s right to work if they’ve given you their share code. If you are at all uncertain, contact the HR recruitment team.