Understanding Right to Work (RTW) checks in the UK

What are Right to Work checks?

Right to Work (RTW) checks are a mandatory process under Sections 15–25 of the Immigration, Asylum and Nationality Act 2006. They ensure all UK employers confirm that their employees have the legal right to live and work in the UK. The Home Office regularly updates its guidance to reflect changes in immigration rules, so employers must stay current to remain compliant.

By conducting proper RTW checks, employers not only avoid hefty fines but also protect their businesses from legal risks. Non-compliance can lead to fines of up to £45,000 per illegal worker for first-time offences, increasing to £60,000 for repeat offenders, posing a serious threat to business finances.

Who needs to perform Right to Work checks?

Every UK employer, regardless of business size or type, must verify that every worker has the legal right to work. Checks should be part of your recruitment and onboarding process, applied equally to all candidates to avoid discrimination claims.

How to conduct Right to Work checks

Employers can conduct RTW checks using four methods:

Manual document-based checks

• Obtain: Collect original documents (e.g., passport, residence card).
• Check: Verify document authenticity and ensure they match the individual.
• Copy: Make a secure, unalterable copy and record the check date.

Home Office online check

Use the Home Office’s online service via the applicant’s share code and date of birth.

Applicable for Biometric Residence Cards, Biometric Residence Permits, and Frontier Worker Permits.

View Home Office online check

Employer checking service (ECS)

Required when an individual has an ongoing application or appeal. Employers need a Positive Verification Notice (PVN) from ECS for a valid statutory excuse.

View ECS

Identity Service Provider (IDSP) checks

Since April 2022, British and Irish citizens with valid passports can use IDSPs for digital verification. Employers must ensure IDSPs meet Home Office standards and retain verification records for two years post-employment.

Failing to comply with these steps could result in significant fines and reputational damage.

We offer extensive employer audits and support to ensure you’re educated and aware of any improvements you could make to your internal processes. Ensure your business remains protected by staying updated and compliant, contact Five Star today if you need a review of your current systems and processes in place.

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