Recruiting a new employee is often an exciting moment for a business. It can mean a new contract has been won, workloads are growing, or a team is gaining skills it has needed for some time. Yet before a new starter’s first day, employers need to make sure the practical and legal basics are in place. One of the most important is completing right to work checks correctly.
It may sound like a straightforward administrative step, but it carries real consequences. Employers must take reasonable steps to establish that someone is permitted to work in the UK before their employment begins. If checks are missed, rushed or poorly recorded, the business may face financial penalties and unwanted scrutiny. For employees and job candidates, understanding the process can also prevent delays when they are ready to accept a role.
Why the process matters
The UK’s right to work rules are designed to prevent illegal working while allowing businesses to recruit fairly and lawfully. They apply to employers of all sizes, from a small family-run company taking on its first member of staff to a national organisation recruiting at scale.
An employer that carries out the correct check before employment starts can obtain what is known as a statutory excuse. In simple terms, this means it has evidence that it completed the required process and may be protected from a civil penalty if it later emerges that an employee did not have the right to work.
That protection is not automatic. It depends on the employer following the prescribed steps, using the appropriate method for the individual and retaining evidence properly. A quick glance at a document, an informal assurance from a candidate or a copy saved without any record of when it was checked may not be enough.
Checks should be consistent, not selective
A common mistake is to view right to work checks as something that only needs to be completed for people with overseas passports or accents. That approach can expose a business to discrimination concerns, as well as creating gaps in its compliance process.
The safer approach is to have a consistent recruitment procedure. Every prospective employee should be asked to complete the relevant check before starting work, regardless of nationality, background or the role being offered. This helps employers demonstrate that their process is fair and applied equally.
Consistency also makes the process easier to manage. When hiring managers know exactly what needs to happen before a start date is confirmed, checks are less likely to be left until the last minute. Clear internal guidance can be particularly useful for businesses with several offices, temporary staff, seasonal recruitment or managers who recruit independently.
Different routes may apply
There is no single document that every person must provide. The right route depends on the individual’s immigration status and the evidence available to them.
Some workers may be able to demonstrate their status through an online right to work service, using a share code that allows the employer to view their status directly. Others may provide original documents that need to be checked in person or through an approved process. British and Irish citizens, for example, may have different forms of acceptable evidence from individuals who hold an immigration status under the EU Settlement Scheme or a time-limited visa.
This is where confusion can arise. Employers should not assume that a document is acceptable simply because it appears official, nor should they ask for more information than the rules require. The relevant question is whether the evidence meets the current legal requirements for a right to work check.
Where an individual has a time-limited right to work, the employer may also need to complete a follow-up check before that permission expires. A good record-keeping system is essential here. Without a diary reminder or central register, it is easy for follow-up dates to be overlooked.
Timing is as important as the paperwork
A right to work check needs to take place before employment begins. Waiting until induction day, after someone has completed training or once they have already started paid work can leave the employer exposed.
This is why recruitment timelines should include the check as a defined pre-employment step. It is sensible to make it clear in offer letters that employment is subject to satisfactory evidence of the right to work in the UK. That gives both parties clarity and avoids an awkward situation where a start date has been agreed but the necessary evidence is not yet available.
For candidates, responding promptly to document requests can help the onboarding process run smoothly. If there are any issues with documents, immigration status or access to an online share code, it is better to raise them early rather than waiting until the final days before a new role begins.
Keep a clear audit trail
Completing a check is only part of the task. Employers should retain a clear copy of the evidence reviewed and record the date the check was carried out. The record should show that the employer checked the document or online status in the required way, rather than merely receiving a copy by email.
These records should be stored securely, with access limited to those who need them. As they contain personal information, employers also need to consider their data protection responsibilities and retention periods. The aim is to be able to demonstrate compliance if required, without keeping personal data for longer than necessary.
Regularly reviewing recruitment files can help identify weak points before they become serious problems. For example, a business may discover that different managers are using different forms, that follow-up checks are not being tracked or that copies are being saved without dates. Small process improvements can make a substantial difference.
When it is worth seeking advice
Right to work compliance can become more complicated where a business is recruiting internationally, using agency workers, sponsoring visas or dealing with an employee whose circumstances have changed. It can also be difficult when a candidate’s evidence does not fit neatly into an expected category.
In those situations, it is better to pause and seek advice than to rely on guesswork. A carefully handled process protects the business, supports fair recruitment and gives candidates confidence that their new employer is organised and professional.
For employers, right to work checks should not be treated as a box-ticking exercise. They are a core part of responsible hiring. With a consistent process, timely checks and accurate records, businesses can reduce risk while keeping recruitment moving forward. For tailored employment law support, speak to Truth Legal.
