HR & Workforce · Mandatory · Pre-Construction

Right to Work Check Record

A record of right to work document checks carried out before a worker starts employment.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Immigration Act 2014 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	Immigration Act 2014 + Immigration, Asylum and Nationality Act 2006 + Equality Act 2010
Civil penalty (first breach)	£45,000 per illegal worker (tripled from February 2024)
Civil penalty (repeat)	£60,000 per illegal worker
BRP expiry	All biometric residence permits expired 31 December 2024 — from 1 June 2025, an expired BRP does NOT provide a statutory excuse
Check methods	Manual document check (List A / List B), online share code via gov.uk, or Identity Document Validation Technology (IDSP)
Enforcement	828 immigration enforcement raids in the construction sector in January 2025 alone

1. Right to Work Checks

A right to work check is a non-negotiable legal requirement that must be completed before an individual's first day of work. Under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2014, every employer in the United Kingdom has a duty to prevent illegal working. Failure to carry out a compliant right to work check before employment begins means the employer cannot establish a statutory excuse against a civil penalty — even if the worker later turns out to have the right to work.

The construction sector faces particularly intense scrutiny. Immigration Enforcement conducted 828 raids targeting construction sites in January 2025, reflecting the sector's high-risk profile. Civil penalties were tripled in February 2024: a first breach now attracts a penalty of up to £45,000 per illegal worker, and a repeat breach up to £60,000. These penalties are per worker — a single site visit finding multiple non-compliant workers can result in penalties reaching hundreds of thousands of pounds.

The immigration status landscape has shifted significantly towards digital verification. Since 1 January 2025, biometric residence permits (BRPs) have expired and holders must prove their status using an online share code generated through the Home Office online service. From 1 June 2025, an expired BRP no longer provides a statutory excuse — employers who continue to accept expired BRPs as evidence of the right to work will lose their defence against civil penalties. All employers must check every worker regardless of apparent nationality, ethnicity, or accent — the Equality Act 2010 prohibits selective or discriminatory checking.

BRPs expired on 31 December 2024

All biometric residence permits issued by the Home Office expired on 31 December 2024, regardless of the expiry date printed on the card. From 1 June 2025, an expired BRP does not give the employer a statutory excuse. Workers who previously held a BRP must now prove their immigration status using an online share code. Employers must not accept an expired BRP as a standalone document for right to work purposes after this date.

2. Right to Work Check Record Content

The following information must be captured and retained for every right to work check. The record must be sufficient to demonstrate that a compliant check was carried out before the individual's first day of work, and that any required follow-up checks were completed on time.

Field	Detail
Worker name	Full legal name as it appears on the identity document — do not use nicknames or abbreviated names
Date of birth	Date of birth as shown on the identity or immigration document
Date of check	The date the right to work check was carried out — must be before the individual's first day of work
Checked by	Name and job title of the person who conducted the check
Check method	Manual document check (List A or List B), online share code check, or IDSP (Identity Document Validation Technology)
Manual check details	Document type, document number, issuing authority, expiry date, and confirmation that the original document was seen in the presence of the holder
Share code check details	Share code used, date and time of online check, screenshot or PDF of the Home Office online right to work check result retained
Excuse type	Statutory excuse established under List A (permanent, no follow-up required) or List B (time-limited, follow-up check required before expiry)
Follow-up date	For List B checks: the date by which the follow-up check must be completed — typically the expiry date of the permission to work
Result	Right to work confirmed / right to work not confirmed / referred to Employer Checking Service
Checker signature	Signature of the person who conducted the check, confirming the check was carried out in accordance with Home Office guidance

3. Common Mistakes

Checking after day one

The right to work check must be completed before the individual's first day of work. A check carried out on day one or later does not establish a statutory excuse, even if the worker has the right to work. There is no grace period. If the check has not been completed before the person starts, the employer is exposed to a civil penalty of up to £45,000 for a first breach. Time pressure and urgent labour needs are not a defence.

Selective checking

Checking only workers who appear to be foreign nationals is unlawful discrimination under the Equality Act 2010. The right to work check must be carried out for every worker, regardless of their nationality, ethnicity, appearance, or accent. A consistent, non-discriminatory process applied to all workers is both a legal requirement and the only way to establish a statutory excuse across the workforce.

Accepting expired BRPs

All biometric residence permits expired on 31 December 2024. From 1 June 2025, an expired BRP does not provide a statutory excuse. Workers who held a BRP must now prove their status using an online share code. Employers who continue to accept expired BRPs as evidence of the right to work will lose their statutory excuse and face civil penalties if the worker is found to be working illegally.

No follow-up checks

When a right to work check establishes a statutory excuse under List B (time-limited right to work), a follow-up check must be carried out before the worker's permission expires. If the follow-up check is not completed on time, the statutory excuse lapses and the employer is exposed to a civil penalty from that date. A diary or calendar system must be in place to flag upcoming follow-up dates.

Not retaining records for two years

Right to work check records must be retained for the duration of employment and for a further two years after employment ends. This applies to all check methods — manual, online, and IDSP. If the records are not retained and an immigration enforcement visit occurs after the worker has left, the employer cannot demonstrate that a compliant check was carried out and will lose any statutory excuse.

4. Frequently Asked Questions

What documents can a British citizen use for a right to work check?▾

A British citizen can prove their right to work using a current or expired British passport (the passport does not need to be in date). If they do not have a passport, they can use a current British birth or adoption certificate together with an official document showing their permanent National Insurance number (such as a P45, P60, or National Insurance card). A British citizen has an unlimited right to work and a check using these documents establishes a statutory excuse under List A, meaning no follow-up check is required.

What is the difference between List A and List B documents?▾

List A documents establish a permanent statutory excuse. They are presented by individuals who have an unlimited or permanent right to work in the United Kingdom, such as British and Irish citizens and those with settled status. A single check before employment begins is sufficient and no follow-up is required. List B documents establish a time-limited statutory excuse. They are presented by individuals whose right to work is temporary, such as those with a visa or limited leave to remain. The employer must carry out a follow-up check before the worker's permission expires. If the follow-up is missed, the statutory excuse lapses.

Do I need to check self-employed subcontractors?▾

Yes. The right to work check obligation applies to anyone who is employed under a contract of employment or a contract personally to do work. This includes self-employed subcontractors who are providing their personal labour. If the individual is working for you and providing their own labour, you must check their right to work before they start, regardless of their employment status or contractual arrangement. The only exception is where you are engaging a genuinely independent business (such as a limited company) and are not contracting for the personal service of a named individual.

How long must right to work check records be retained?▾

Right to work check records must be retained for the duration of the individual's employment and for a minimum of two years after the employment ends. The records must include a clear copy of the documents checked (or a printed or saved copy of the online check result), the date the check was carried out, and confirmation of who carried it out. If the records are destroyed or lost before the two-year retention period expires, the employer cannot demonstrate compliance and will lose the statutory excuse if challenged.

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