Conducting right to work checks for employees under UK digital immigration system.

Produced in partnership with Duncan Bain of Bower Bailey and Laura Darnley of Brabners LLP

Practice notes

Conducting right to work checks for employees under UK digital immigration system.

Produced in partnership with Duncan Bain of Bower Bailey and Laura Darnley of Brabners LLP

Practice notes

This Practice Note looks at what employers need to do in order to carry out a ‘right to work check’ correctly, including the main steps that should be taken for both online and manual checks, record-keeping requirements and preparing for repeat checks. It also looks at right to work checks using Identity Document Validation Technology via an Identity Service Provider.

A right to work check must be carried out before employment commences, to ensure that the employee is allowed to do the work in question. If carried out correctly, an employer will have a statutory excuse against a civil penalty. For further information, including which workers should be checked, see Practice Note: Right to work checks: when and why.

This Practice Note sets out the procedure for right to work checks which came into effect on 23 September 2024. To review whether a historical check was conducted correctly, in other words to check if a statutory excuse was established for a particular employee

Jurisdiction(s):

United Kingdom

Key definition:

Right to work check definition

What does Right to work check mean?

A compliance check carried out by a prospective employer on their prospective employee to confirm if the individual can carry out the work in question by reason of their immigration status.

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