Right to Work checks: the basics and what’s changing?

This is a guest blog from the REC's exclusive legal partner JMW.

All employers in the UK should carry out a right to work check before employing someone; they have a responsibility to prevent illegal working. If carried out correctly, the check provides a statutory excuse, which protects employers from a civil penalty of up to £60,000 per worker found to be working illegally.

Major changes to UK right to work obligations will be coming into force on 1 October 2026; the impact of these changes is significant, especially for businesses who use flexible working models. It is, therefore, important that businesses understand the basics, and prepare for these changes.

The basics

For a right to work check to be compliant, it must be carried out for all employees before their employment commences, and an imposter check should be carried out on day one of employment. If an employee's right to work has an expiry date, a follow-up check will be needed to ensure the employee has a continued right to work.

There are different ways of undertaking a right to work check: manual check, digital verification service or by way of a share code. If none of these checks can be undertaken (or if contact is required as part of the check), an employer can then use the Employer Checking Service.

Manual check

A manual right to work check can be used to confirm anybodys right to work. It requires an original document to be provided to the employer such as a passport, birth certificate, or a certificate of registration/naturalisation as a British citizen. Some documents (a British passport, for instance) provide a continuous statutory excuse, meaning a repeat check isn’t necessary. However, other documents only provide a limited excuse, and a repeat check will be necessary. A full list of the acceptable documents can be found in Annex A of Employer's guide to right to work checks: 26 June 2025 (accessible) - GOV.UK.

• Upon receipt of an original document, employers must check the documents are genuine and belong to the employee, and that the individual is allowed to carry out the work they are being employed to do. This includes checking the photograph, date of birth, expiry date of permission to be in the UK, any work restrictions, and any name changes explained with evidence. The check can be carried out in-person or via a video call, but employers must be in physical possession of the original document.
• Copies must be made of the document and retained for the duration of employment and for at least 2 years afterwards. If the document used to carry out a check is a passport, a copy of the photograph page, and any page confirming the worker’s permission to live and work in the UK must be retained. If it is any other document, a full copy must be retained.
• A full record of the date that the check was carried out must be retained, and we’d also recommend including information in relation to the individual who undertookthe check. There is a Home Office checklist (Right to work checklist - GOV.UK) that employers can use to ensure they are undertaking a compliant manual check.

Digital Verification Service (DVS)

This can be used to confirm the right to work of those who hold a valid British or Irish passport. The DVS can establish that the worker holds a valid passport and the employer must satisfy themselves that the details provided by the DVS match the individual. The employer must then retain the information provided for the duration of employment and for at least two years afterwards.

The DVS used must be certified to assist with undertaking right to work checks, and it’s important to understand that the imposter check still falls within the employer’s remit. Using a DVS can be beneficial if employers struggle to obtain original documents (for the purpose of a manual check), and if they require additional support to ensure documents are valid.

Share Code – UKVI online right to work check

An employer can carry out a right to work check using the Home Office online service: Check a job applicant's right to work: use their share code - GOV.UK . The share code service can be used when an employee has limited or indefinite leave to remain in the UK; they can provide a share code using their eVisa or generate an email to be sent to the employer. This code is valid for 90 days from issue.

• Enter the share code and the employee’s date of birth via the above link.
• Check that the photograph is the employee, which can be done in-person or via a video call; check that the worker has the right to carry out the work that is being offered to them; and verify/diarise any expiry dates.
• As usual, evidence of this check must be retained for the duration of employment and for at least 2 years afterwards.

Home Office Employer Checking Service (ECS)

Employers can contact the ECS to confirm a worker’s right to work if they have an outstanding application, appeal or review that they have not yet received a decision for, if the worker is an asylum seeker who has provided an ARC (Application Registration Card), or the employer is satisfied they cannot provide any documents due to a technical issue. This checking service will provide a positive verification notice (PVN) confirming the individual is allowed to work. It can take up to 5 days for the service to issue a verification notice.

What's changing?

he government has published their results on the Consultation on the prevention of illegal working, which confirms significant changes to the right to work scheme from 1 October 2026, including:

• The right to work scheme will be extended beyond traditional workers under an employment contract to include agency workers or workers in the gig economy.
• The definition of ‘employer’ will include those working under a contract of employment (a contract of service or apprenticeship), under a worker’s contract, as an individual sub-contractor, or as an online matching service providing the details of an individual who is a service provider to potential clients or customers. (Uber, for example). Those that engage gig workers, zero-hours workers, individual sub-contractors, or operate an online matching platform, will be required to conduct right to work checks on those workers. If a check isn’t undertaken, the business could be subject to a civil penalty of up to £60,000 per worker.
• Civil penalty liability will also be extended up contractual chains, meaning a business can be treated as an employer even if they haven’t directly engaged the individual. If they have contracted out work that eventually reached the individual, they would be required to undertake a right to work check or potentially face a civil penalty.

The 1 October 2026 deadline is fast approaching, and business should act now – models must be reviewed, contracts updated, and right to work systems audited to ensure they’re compliant. Colleagues will also require training on the changes.

JMW Solicitors LLP is REC’s exclusive legal business partner – their specialist immigration team can support businesses with ensuring that right to work practices are compliant. Please do not hesitate to contact: Gemma Tracey, Partner Employment: Gemma.Tracey@jmw.co.uk

Find out more about JMW