Right to Work Checks UK 2026 — Updated Guide for Employers

Every UK employer has a legal obligation to check that their employees have the right to work in the United Kingdom before they start employment. Getting this wrong can result in civil penalties of up to £60,000 per illegal worker and potential criminal prosecution. This updated guide from Gangal Recruitment Ltd explains exactly how to conduct Right to Work checks in 2026, what documents to accept, and how to protect your business from penalties.

Why Right to Work Checks Matter

Right to Work checks are not just a bureaucratic formality — they are a serious legal requirement with significant consequences for non-compliance. The Immigration, Asylum and Nationality Act 2006 (as amended) makes it a criminal offence to employ someone who does not have the right to work in the UK.

For employers, the stakes are high:

• Civil penalty: Up to £60,000 per illegal worker (increased from £45,000 in 2024)
• Criminal prosecution: Unlimited fine and up to 5 years imprisonment for knowingly employing an illegal worker
• Reputational damage: The Home Office publishes details of businesses penalised for employing illegal workers
• Business disruption: Immigration enforcement raids, worker deportation, and media attention
• Licence implications: Businesses with sponsor licences risk revocation for non-compliance

Conducting proper Right to Work checks establishes a statutory excuse, which protects you from civil penalties even if a worker is later found to be working illegally — provided the check was conducted correctly and in good faith.

Three Methods of Right to Work Checking in 2026

Method 1: Manual Document Check

The traditional method involves physically examining original documents:

1. Obtain original documents: The employee must present original documents from the Home Office lists (List A or List B). Photocopies are not acceptable for the initial check.
2. Check validity: Examine the documents in the holder's presence. Check photographs match, dates of birth are consistent, documents have not expired, they appear genuine, and the person is entitled to do the type of work offered.
3. Make and retain copies: Take clear copies of relevant pages. For passports, copy the front cover and any page with the holder's details, photo, signature, date of expiry, and endorsements.
4. Record the date: Note the date the check was conducted on the copy or alongside it.
5. Retain securely: Keep copies for the duration of employment and for two years after employment ends.

Method 2: Home Office Online Checking Service

For workers with digital immigration status (e-Visas, BRPs, EU Settlement Scheme status):

1. The worker generates a share code at gov.uk/prove-right-to-work
2. The employer enters the share code and the worker's date of birth at gov.uk/view-right-to-work
3. The system displays the worker's photo, Right to Work status, and any conditions or time limits
4. Verify the photo matches, record the date, and retain a saved copy of the result

This method is mandatory for workers with a Biometric Residence Card, Biometric Residence Permit, or EU Settlement Scheme digital status.

Method 3: Identity Document Validation Technology (IDVT) via an IDSP

Since April 2022, employers can use a certified Identity Service Provider (IDSP) to check British and Irish citizens with valid passports only. IDSPs use biometric technology to verify the passport and match it to the holder. This is most useful for remote hiring when you cannot meet the employee in person.

List A and List B Documents

List A: Unlimited Right to Work

Documents demonstrating permanent right to work. Check once before employment, no repeat needed. Includes UK passport (current or expired), Irish passport or passport card (current or expired), and certificate of registration or naturalisation as a British citizen.

List B: Time-Limited Right to Work

Documents demonstrating time-limited right to work. You must conduct a follow-up check before the permission expires. Includes current Biometric Residence Permit, current passport with valid visa, EU Settlement Scheme certificate of application (with positive online verification), Frontier Worker permit, and immigration status document with valid endorsement.

Common Mistakes Employers Make

• Checking after the start date: The check must be completed before the first day of employment
• Accepting photocopies: For manual checks, you must see original documents
• Not retaining copies: Failing to copy and retain documents means no evidence the check was done
• Not recording the date: Without a recorded date, you cannot prove the check was timely
• Missing follow-up checks: For List B documents, missing the expiry deadline removes your statutory excuse
• Discrimination: You must check all employees equally, not just those who look or sound foreign. Selective checking is unlawful discrimination.

Right to Work Checks for Agency Workers

When you engage workers through a recruitment agency, the agency is responsible for conducting the Right to Work check. However, as the end-user, you should verify that the agency has proper compliance processes. Look for REC member agencies that can provide compliance confirmation for each worker supplied.

Gangal Recruitment Ltd conducts thorough Right to Work checks on every worker before they are added to our database. We retain copies of all documents, record check dates, conduct follow-up checks for time-limited permissions, and provide clients with written confirmation on request.

Penalties and Enforcement in 2026

The Home Office has significantly increased penalties and enforcement:

• First offence: Up to £60,000 per illegal worker
• Repeat offence: Up to £60,000 per illegal worker with tougher enforcement signalled
• Criminal prosecution: Unlimited fine and up to 5 years imprisonment for employers who knowingly employ illegal workers

Immigration enforcement visits to workplaces are increasing, particularly in hospitality, cleaning, construction, food processing, and agriculture. Having robust Right to Work processes is your best protection.

How Gangal Recruitment Ensures Compliance

As an REC member and certified agency, Gangal Recruitment Ltd has compliance at the core of our operations:

• Right to Work checks on 100% of workers before they join our availability pool
• Original document verification at our Leeds office or via certified IDVT technology
• Secure digital storage in line with GDPR
• Automated alerts for expiring permissions with mandatory follow-up checks
• Regular internal audits of our compliance database
• Compliance confirmation available to all clients on request

Need Fully Compliant Workers?

Eliminate Right to Work compliance risk by staffing through Gangal Recruitment. Every worker we supply is fully Right to Work verified, DBS checked where required, and compliant with all employment legislation. Call 07466 146 093 or request staff online.

Gangal Recruitment Ltd — 5 Sandhurst Terrace, Leeds, LS8 3QS. REC Member | Living Wage Employer |