Conducting compliant right to work checks for new hires

Right to work checks confirm that anyone you employ in the UK is legally allowed to work. As an early-stage founder or e-commerce seller, carrying out these checks correctly before employment begins protects your business from civil penalties and ensures compliance with Home Office rules.

Whether you hire full-time staff, part-time help or contractors who become employees, you must follow either a manual paper-based process or the government’s digital service. Both methods require specific documents, clear records and timely repetition in certain cases.

Why right to work checks matter for UK startups

UK immigration law requires employers to verify that every new hire has the legal right to work before they start. This applies to British citizens, EEA nationals, non-EEA visa holders and anyone else. Failing to complete a check or keeping inadequate records can lead to fines. The level of penalty varies and changes, so always check the current guidance on GOV.UK.

For resource-limited teams in places such as Loomworks or similar incubators, a repeatable process prevents costly mistakes when scaling the first few hires. The check also forms part of your overall hiring workflow alongside DBS checks, references and contract signing.

Manual right to work check process

Manual checks involve examining original documents in person. Acceptable documents fall into two lists on GOV.UK: List A for unlimited right to work and List B for time-limited permission. You must see originals, not photocopies or photos on a phone.

Choose one document from List A, such as a UK passport or a full birth certificate plus official proof of name, or two documents from List B.
Examine the document to confirm it belongs to the person, has not expired where required, and shows any necessary endorsements.
Make a clear copy of the front and back, or the relevant pages.
Record the date the check was completed, the document type, reference numbers and expiry date if applicable.
Retain copies securely for the required period, normally the length of employment plus two years after it ends.

Perform the check before the employee’s first working day. If the person has a time-limited right, note the expiry date and schedule a follow-up check before that date.

Digital right to work checks using the online service

The Home Office provides a free online right to work service that allows employers to view a person’s immigration status directly. This is faster for many candidates with biometric residence cards, eVisas or settled/pre-settled status under the EU Settlement Scheme.

Ask the candidate to generate a share code via the GOV.UK website or app. The code is valid for 90 days.
Enter the share code and the person’s date of birth into the employer’s right to work online tool.
Review the digital result, which shows whether the individual has the right to work and any restrictions or expiry dates.
Take a screenshot or download the official PDF output as your record.
Store the evidence with the candidate’s name, check date and your business details.

Digital checks reduce the chance of forged documents because the information comes directly from Home Office records. They also create an auditable trail that is easier to organise than paper copies.

Record keeping requirements

Accurate records demonstrate that you carried out the checks in good faith. For every employee you must keep:

A copy of the document(s) checked or the digital check output.
Notes showing the date the check was completed and who carried it out.
The candidate’s full name and date of birth.
Any follow-up check dates if the right to work is time-limited.

Keep these records for at least the duration of employment and for a further two years after the employment ends. Store them securely, separate from general personnel files if possible, to limit data protection risk. Electronic storage is acceptable provided the files cannot be altered and can be produced quickly if requested by a compliance officer.

Many founders create a simple spreadsheet or use HR software with a dedicated right-to-work section that flags upcoming renewals automatically.

Frequency of checks and follow-up actions

A single check is sufficient for people with indefinite leave to remain or British citizenship. For those with visas or time-limited status you must repeat the check before the permission expires. The exact timing depends on the expiry date shown in the initial check.

Plan ahead: set calendar reminders 28 days before any expiry so the employee can provide updated evidence or a new share code. If they cannot prove continued right to work by the due date, you must stop employing them. Continuing without a valid check risks penalties that change over time, so refer to current GOV.UK guidance.

Keep a central tracker for the whole team. Review it monthly if you are growing quickly. This prevents last-minute scrambles and shows regulators that compliance is built into your operations.

Common errors and how to avoid penalties

Typical mistakes include accepting expired documents, failing to copy both sides of a document, not recording the check date, or relying on a candidate’s verbal assurance without evidence. Each of these can trigger a civil penalty notice.

To stay compliant:

Always use the latest GOV.UK lists of acceptable documents.
Train anyone who carries out checks, even if it is only the founder at first.
Double-check digital results immediately after viewing them.
Never start employment until the check is completed and recorded.
If in doubt about a document, seek clarification through official channels rather than guessing.

Penalties for non-compliance can be substantial and increase for repeated breaches. Because the amounts and rules are updated regularly, check the current figures directly on GOV.UK before making assumptions. A consistent, documented process is the best defence.

Integrating checks into your hiring workflow

Build right to work verification into every job advert, application form and offer letter. State clearly that employment is conditional on satisfactory checks. Create a checklist that covers the right to work step alongside contract issue, payroll setup and induction.

For e-commerce sellers hiring warehouse or customer service staff, combine the check with any necessary health and safety training. Digital checks work well when candidates are remote, while manual checks suit local hires who can visit your workspace easily.

Review your process every six months or after any change in immigration rules. As your team grows, consider free or low-cost HR tools that automate reminders and store evidence securely. This keeps operations smooth while you focus on product, sales and customer growth.

Frequently asked questions

Can I accept a photo of a passport instead of the original document?

No. For manual checks you must see original documents in person. Digital checks via the official share code service are the alternative when originals cannot be presented. Always follow the latest GOV.UK guidance to avoid invalidating the check.

How long must I keep right to work records after an employee leaves?

Records should be kept for the length of employment plus a further two years. Store them securely and be ready to produce them if requested during a compliance visit. Electronic copies are acceptable if they cannot be altered.

Do I need to repeat right to work checks for British citizens?

No follow-up check is required once you have confirmed indefinite right to work. A single compliant check at the start of employment is sufficient. Keep the original record for the required retention period.

What happens if an employee’s visa expires during employment?

You must carry out a follow-up check before the current permission ends. If the employee cannot show continued right to work you must stop employing them on the expiry date. Set reminders well in advance to manage this smoothly.

Is the online right to work service free for employers?

Yes, the Home Office digital service is free. You only need a GOV.UK account. It works for most modern immigration documents and produces an official record you can save as proof of your check.