Subcontractors · Mandatory · Pre-Construction

Right to Work Check Record

A record confirming that right to work checks have been carried out for each worker before they start on site.

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, Asylum and Nationality Act 2006 + Home Office Code of Practice (Feb 2024)
Three check methods	1. MANUAL — for British/Irish citizens: original List A/B documents. 2. HOME OFFICE ONLINE SHARE CODE — for eVisa holders (all non-British/non-Irish). 3. IDVT — for British/Irish passport holders only via certified Identity Service Provider.
Statutory excuse	A correct check provides a 'statutory excuse' against civil penalty.
2024 penalties	First breach £45,000/worker. Repeat £60,000/worker.
Non-discrimination	Checks must be applied to ALL workers regardless of nationality or appearance.

1. Right to Work — A Mandatory Pre-Employment Check

Every employer must check every new worker before they begin employment. February 2024 penalties tripled. BRPs are no longer acceptable as standalone proof from June 2025. The primary check for non-British/non-Irish workers is now the online share code.

Biometric Residence Permits (BRPs) are no longer valid standalone right to work proof from 1 June 2025 — online share code check required

2. Right to Work Check Record — What to Document

The following table sets out the fields that a well-structured right to work check record should include.

Field	What to record
Worker name	Full name and date of birth.
Nationality	As stated on identification documents.
Check method	Manual / Home Office online share code / IDVT.
Documents checked	List A/B document type and number, or share code reference and screenshot.
Check date	Date the check was conducted.
Result	Confirmed Y/N. Continuous or time-limited right to work.
Permission expiry	If time-limited, expiry date and follow-up check date.
Copy retained	Y/N — copies must be retained for 2 years after the worker leaves.
Checked by	Name and role of person who conducted the check.
Employer declaration	Confirmation that the check was conducted before employment commenced.

3. Common Mistakes

Not conducting checks for all workers — only for those who appear foreign

Checks must be applied to every worker regardless of nationality or appearance. Selective checking is discriminatory and removes the statutory excuse.

Accepting BRPs as standalone proof after June 2025

BRPs are no longer valid standalone evidence from 1 June 2025. Non-British/non-Irish workers must use the Home Office online share code.

Not retaining records for 2 years after the worker leaves

Right to work check records must be retained for at least 2 years after the end of employment. This is the statutory retention requirement.

Not conducting follow-up checks before time-limited permissions expire

For workers with time-limited right to work, a follow-up check must be completed before the permission expires. Missing this loses the statutory excuse.

Conducting checks more than 28 days before the worker starts

Manual and share code checks must be conducted no more than 28 days before employment commences. Earlier checks do not provide a statutory excuse.

4. Frequently Asked Questions

Does the right to work check apply to subcontractors’ workers?▾

The legal obligation sits with each employer. The PC should require subcontractors to confirm checks have been conducted as a contractual condition and may request evidence.

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

List A documents provide continuous right to work — no follow-up check is required. List B documents provide time-limited right to work — a follow-up check must be conducted before the permission expires.

What if a worker cannot provide a share code?▾

Use the Home Office Employer Checking Service (ECS) to request verification. Do not commence employment until the right to work is confirmed.

What if the Home Office online service is unavailable?▾

Document attempted checks with timestamps and screenshots. Complete the check as soon as the service is restored. Retain evidence of the attempted checks.

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