UK Right to Work Checks: What Employers Need to Know in 2025
As an employer in the UK, it's your legal responsibility to ensure that every employee has the right to work before they walk through the door (not after people!).
It’s not a formality, it’s a crucial compliance step under the Immigration, Asylum and Nationality Act 2006. Yet many employers take a relaxed approach to Right to Work checks, perhaps without realising the risks.
Whether it’s assuming someone is British, rushing through hiring, or relying on outdated processes, it’s easy to slip up, and it’s no surprise that even well-meaning businesses fall short.
What’s at Stake: The Real Cost of Right to Work Mistakes
Think you’ll just get a slap on the wrist? Unlikely. The consequences of getting Right to Work checks wrong are far more serious than most employers realise. Here’s what’s really at stake:
- Fines of up to £60,000 per illegal worker - a direct financial penalty from the Home Office
- Criminal prosecution – unlimited fines and/or up to 5 years in prison for knowingly employing someone without the right to work
- Loss of sponsorship licence – meaning you can no longer legally hire or retain overseas skilled workers
- Disqualification of company directors – in serious breaches, individuals can be banned from holding directorships
- Exclusion from government contracts – public sector opportunities may be lost following non-compliance
- Reputational damage – published enforcement notices and media coverage can erode client and stakeholder trust
And that’s before you consider other risks like operational disruption from dismissing staff at short notice, increased Home Office scrutiny, or the legal and admin costs of putting things right after the fact.
Right to Work Checks – Are You Up to Date with the Changes?
- Can I still verify documents remotely, over zoom or scanned? Nope!
- Can EU citizens still provide their passport or ID card as proof of their right to work? Absolutely not.
Over the years, there have been several updates to how Right to Work checks must be carried out in the UK and not all employers have kept up.
From 6th April 2022, two key changes were made to right to work checks. They were:
1. Mandatory online checks for people with certain types of immigration status If a new employee isn’t a British or Irish citizen, employers must check their right to work using the Home Office online service. This will apply to most people with a:
o Visa
o Immigration status
o Residence card or permit
2. Introduction of Digital Right to Work Checks via Identity Service Providers (IDSP) This provided employers with the option to use Identity Service Providers to carry out checks on:
o British Citizens
o Irish citizens – but only if the individual holds a valid passport or Irish passport card.
This change provides employers with an alternative to manual right to work checks.
How to Carry Out a Right to Work Check (the Right Way)
As an employer it is important to know how to carry out the correct right to work check for your employee. Our table below summaries the methods available and who they apply to:
| Type of Right to Work Check | Who It’s For | How It’s Done | When to Use |
|---|---|---|---|
| Manual Check | British or Irish citizens with a valid passport or original documents | Check original documents in person, take a copy, and record when the check was made. | Standard for UK/Irish citizens if not using a digital provider |
| Online Check (Home Office Service) | Non-UK nationals with a visa, eVisa, or status under EU Settlement Scheme | Use Home Office online checking service with the employee’s share code and date of birth | Mandatory for checking Biometric Residence Permits, EU Settlement Status, visas |
| Digital check via Identity Service Providers | British or Irish citizens with a valid passport (for employers using a certified Identity Service Provider) | Use a certified Identity Service Provider (IDSP) to verify identity via digital upload of passport | Optional alternative to manual check for UK/Irish citizens (only if using an IDSP) |
Digital Checks - We’ve Got Our Clients Covered
At The Little HR Department, we know the reality for time-poor managers and busy business owners: onboarding is fast-paced, and new starters don’t always show up with the right documents on day one.
That’s why we’ve made Right to Work checks simple, secure, and stress-free. We’ve partnered with Yoti, a government-certified Identity Service Provider (IDSP), to offer fully compliant digital Right to Work checks for British and Irish citizens, before they even walk through the door.
Here’s how we help:
- We handle the digital checks on your behalf, rolled into your onboarding process
- Quick, remote, and Home Office–approved and only a £10 admin fee per person
- No chasing paperwork, no first-day delay, just peace of mind that you're fully compliant
Non-UK? No worries, we’ll do it all for you.
If your new starter isn’t a British or Irish citizen, we’ve got it covered. We’ll take care of the entire right to work check process for you, using the official Home Office online checking service.
We’ll ensure the check is done correctly before employment begins, provide you with the necessary documentation for your records, and make sure everything is fully compliant and audit ready.
Need to know more:
Full guidance regarding right to work checks can be found at: https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
For advice on this topic or to find out more about our right to work check service, contact us at hello@thelittleHRdepartment.com.
