§ Guide

Do you need to check employees' right to work?

Immigration, Asylum and Nationality Act 2006

When this applies

Every employer must check that each employee has the right to work in the UK before employment starts, including British citizens. Penalties apply per worker, and checking correctly before day one gives you a statutory excuse against a civil penalty. From 1 October 2026 the duty also covers individual contractors, agency workers and gig or platform workers, not just employees. Make sure you have a consistent process and keep records.

When it does not apply

Right to work checks only apply when you employ people. If you take on staff, check their right to work before their first day, the check itself is free and takes minutes online.

What is at stake

Civil penalty of up to £45,000 per illegal worker for a first breach, rising to £60,000 per worker for repeat breaches within three years. Knowingly employing someone without the right to work is a criminal offence with up to 5 years' imprisonment and an unlimited fine.

What to do

Check every new hire's right to work before their first day, using the Home Office online check for those with a share code, an IDVT identity provider for British and Irish citizens with valid passports, or an in-person document check. Keep a copy of each check for the duration of employment plus two years. From 1 October 2026 the checking duty extends beyond employees to individual contractors, agency workers and gig or platform workers under a refreshed Code of Practice, so apply the same checks to anyone you engage personally to do work.

Reviewed: 2026-09-13  ·  Source: official guidance