Safeguard-Me Blog 2026

Right to Work Checks in 2026: Avoiding Costly Mistakes

2025-12-09 13:43
Right to Work checks are a legal requirement for all UK employers, yet they're frequently misunderstood, incorrectly conducted, or overlooked entirely. The consequences of getting it wrong are severe—civil penalties of up to £60,000 per illegal worker, potential criminal prosecution, and reputational damage. For organisations working with children, the stakes are even higher, as Right to Work verification integrates directly with safeguarding processes.
Understanding the post-Brexit landscape, digital verification options, and how to conduct compliant checks is essential for every organisation recruiting staff in 2026.

Why Right to Work Checks Matter

Right to Work checks verify that an individual is legally entitled to work in the UK. This isn't just an immigration formality—it's a legal safeguarding requirement that protects organisations from employing individuals who may be vulnerable to exploitation or who lack the legal status to work in regulated roles.
The legal framework is strict. Employers must check and retain evidence of every employee's Right to Work before employment begins. Failing to conduct checks, conducting them incorrectly, or employing someone without the right to work results in civil penalties, even if the employer didn't knowingly hire an illegal worker. Ignorance isn't a defence.
Post-Brexit changes have complicated the system. EU, EEA, and Swiss citizens who were living in the UK before 31 December 2020 needed to apply to the EU Settlement Scheme to maintain their Right to Work. Those who arrived after this date require visas like any other non-UK national. The transition period has ended, but confusion persists, and many employers still don't understand the new requirements.
Right to Work intersects with safeguarding. For roles working with children, verifying identity and legal status is part of comprehensive safer recruitment. An individual without the right to work may be using false identity documents, which raises immediate safeguarding concerns. Integrating Right to Work checks with DBS checks and identity verification ensures thorough vetting.

Understanding Post-Brexit Right to Work Requirements

The Brexit transition fundamentally changed how employers verify Right to Work for European nationals. Understanding who needs what documentation is critical to compliance.
British and Irish citizens have automatic Right to Work. UK and Irish passport holders can work in the UK without restrictions. Verification involves checking and copying the passport or, for Irish citizens, a passport card. This is straightforward and hasn't changed.
EU Settlement Scheme holders require digital checks. EU, EEA, and Swiss citizens who were resident in the UK before 31 December 2020 and successfully applied to the EU Settlement Scheme have either settled or pre-settled status. Their Right to Work is confirmed digitally via the Home Office online checking service—physical documents like passports no longer prove their Right to Work. Employers must conduct online checks using the individual's share code.
EU nationals who arrived after 31 December 2020 need visas. EU citizens who weren't eligible for the Settlement Scheme require the same visas as other non-UK nationals. This includes skilled worker visas, student visas with work permissions, or other relevant visa categories. Employers must verify visa conditions, including any restrictions on hours or types of work.
Common mistakes include accepting outdated documents. EU passports or national identity cards alone no longer prove Right to Work for EU nationals. Employers who continue accepting these documents without conducting online checks are non-compliant and at risk of penalties.

Conducting Compliant Manual Right to Work Checks

Manual Right to Work checks involve verifying original documents in the presence of the individual and retaining clear copies. The process must be completed correctly to establish a statutory excuse against civil penalties.
Step one: Obtain original documents from List A or List B. List A documents (e.g., British passport, Irish passport, indefinite leave to remain) prove permanent Right to Work. List B documents (e.g., time-limited visas, biometric residence permits) prove temporary Right to Work and require follow-up checks before the permission expires.
Step two: Check documents in the presence of the individual. You must see the original documents face-to-face or via video for remote checks, following specific procedures. This ensures the documents belong to the person presenting them and haven't been tampered with. Check photographs, dates of birth, expiry dates, and any work restrictions or conditions.
Step three: Capture clear copies and record the check date. Get the individual to upload all relevant pages (photo page, visa endorsements, biometric residence permit front and back) to our platform which automatically records the date you conducted the check. Copies must be clear, legible, and retained securely for the duration of employment plus two years.
Step four: Verify document security features. Passports, biometric residence permits, and other Right to Work documents have security features like holograms, watermarks, and embedded chips. Familiarise yourself with these features and check them during verification to identify fraudulent documents. Or use our ID verification process that does all this for you.
Step five: Conduct follow-up checks for time-limited permissions. If the individual has time-limited Right to Work (List B documents), you must conduct repeat checks before their permission expires. Our system can automatically remind you of this before they expire. Failing to do so means you lose your statutory excuse and risk penalties if they continue working without valid permission.

Digital Right to Work Checks: The Online Checking Service

The Home Office online checking service allows employers to verify Right to Work digitally for individuals with biometric residence permits, biometric residence cards, EU Settlement Scheme status, or certain visa types. Digital checks are increasingly the standard and offer significant advantages over manual checks.
How digital checks work: The individual generates a share code via the gov.uk website or app, providing their date of birth and share code to the employer. The employer enters this information into the online checking service, which instantly confirms Right to Work status, any conditions or restrictions, and the expiry date of permission.
Digital checks provide a statutory excuse. Conducting an online check correctly establishes the same legal protection as manual document checks. The Home Office retains a record of the check, providing additional evidence of compliance.
Benefits of digital checks include real-time accuracy. Unlike physical documents, which can become outdated or invalid, digital checks reflect the current status of an individual's immigration permission. If a visa has been curtailed or extended, the online service shows this immediately.
However, not everyone can use the online service. British and Irish citizens, and some visa holders, don't have digital Right to Work status and must provide physical documents. Employers need processes for both digital and manual checks.
Common errors include failing to retain evidence. Even for digital checks, employers must save a copy of the online check result, including the individual's photo and details, and record the date the check was conducted. Simply viewing the result without saving evidence doesn't establish a statutory excuse.

Sponsor Licence Implications for Employing Overseas Workers

Organisations that want to employ non-UK nationals who require visas must hold a sponsor licence. This is a significant responsibility with ongoing compliance obligations.
What is a sponsor licence? A sponsor licence allows organisations to sponsor skilled workers, temporary workers, or other visa categories. Holding a licence means you can issue Certificates of Sponsorship (CoS) to individuals, enabling them to apply for visas to work for your organisation.
Obtaining a licence requires demonstrating compliance capability. The Home Office assesses whether your organisation has robust HR systems, can monitor sponsored workers, and will comply with reporting duties. You must appoint key personnel (Authorising Officer, Key Contact, Level 1 User) and maintain accurate records.
Sponsorship comes with ongoing duties. Sponsors must report changes in circumstances (e.g., employee doesn't start work, changes role, goes absent without leave, or stops working) within specified timeframes. Failing to report breaches compliance and can result in licence revocation.
Compliance visits and audits are possible. The Home Office conducts compliance visits to assess whether sponsors are meeting their duties. Non-compliance can lead to licence suspension or revocation, preventing you from sponsoring any workers and potentially requiring current sponsored employees to leave the UK.
Sponsorship is particularly relevant for education and charity sectors. Schools, universities, and charities often employ international staff and must understand sponsorship obligations. For roles working with children, sponsored workers still require DBS checks and full safer recruitment processes
Sponsorship doesn't replace safeguarding checks.

Integrating Right to Work with Identity Verification and Safeguarding

Right to Work checks shouldn't exist in isolation—they're part of comprehensive identity verification and safer recruitment processes. Integrating these checks ensures efficiency and thoroughness.
Conduct Right to Work and identity verification simultaneously. The documents used for Right to Work checks (passports, biometric residence permits) are also primary identity documents for DBS checks. Verifying both at the same time reduces duplication and administrative burden.
Look for inconsistencies across documents. If the name, date of birth, or photograph on Right to Work documents doesn't match other application information or identity documents, investigate further. Discrepancies may indicate fraudulent documents or identity theft, both of which are safeguarding concerns.
Verify that the individual is who they claim to be. Right to Work checks confirm legal status, but they don't confirm the person presenting the documents is the rightful holder. Check photographs carefully, ask questions about the information on documents, and be alert to signs of impersonation or fraudulent use.
Integrate Right to Work into your vetting checklist. Include Right to Work verification as a mandatory step alongside DBS checks, reference checks, and qualification verification. Digital platforms can track completion of all checks, ensuring nothing is missed and providing audit trails for compliance.

Common Right to Work Mistakes and How to Avoid Them

Many organisations make avoidable errors that expose them to penalties and compliance risks. Recognising and addressing these mistakes strengthens your processes.
Mistake one: Accepting photocopies or scanned documents. Right to Work checks must be conducted on original documents (or digitally via the online service). Accepting emailed scans or photocopies doesn't establish a statutory excuse. Always see originals in person or use the online checking service.
Mistake two: Failing to check documents before employment starts. Conducting Right to Work checks after someone has already begun working is non-compliant. Checks must be completed and evidence retained before the first day of employment.
Mistake three: Not conducting follow-up checks for time-limited permissions. If an employee's visa or immigration permission expires, you must conduct a repeat check before the expiry date. Failing to do so means you lose your statutory excuse, and continuing to employ them without valid permission results in penalties.
Mistake four: Discriminating based on nationality or immigration status. Whilst you must verify Right to Work, you cannot refuse to employ someone solely because they require sponsorship or have time-limited permission, provided they have valid Right to Work. Discrimination based on nationality or immigration status is illegal.
Mistake five: Poor record-keeping and document retention. Right to Work evidence must be retained securely for the duration of employment plus two years. Losing or failing to retain evidence means you cannot demonstrate compliance if investigated, resulting in penalties even if the employee had valid Right to Work.

Using Technology to Manage Right to Work Compliance

Manual Right to Work processes—paper copies, filing cabinets, spreadsheet tracking—are inefficient and error-prone. Digital tools streamline compliance, reduce administrative burden, and provide real-time oversight.
Centralised digital storage ensures documents are never lost. Storing Right to Work evidence digitally in secure, GDPR-compliant systems means documents are instantly accessible for audits, inspections, or compliance checks, without searching through filing cabinets or old emails.
Automated reminders prevent expired permissions. Digital platforms can track expiry dates for time-limited Right to Work permissions and send automated reminders to conduct follow-up checks, ensuring you never miss a renewal and maintain continuous compliance.
Integration with other vetting checks improves efficiency. Platforms that manage DBS checks, Right to Work verification, qualification checks, and references in one place reduce duplication, streamline onboarding, and provide comprehensive compliance dashboards showing which checks are complete and which are outstanding.
Audit trails demonstrate compliance. Digital systems record when checks were conducted, who conducted them, and what evidence was reviewed, providing clear audit trails for Home Office investigations, Ofsted inspections, or internal governance reviews.

Conclusion

Right to Work checks are non-negotiable legal requirements with serious consequences for non-compliance. Understanding post-Brexit changes, conducting manual and digital checks correctly, managing sponsor licence obligations, and integrating Right to Work with safeguarding processes protects your organisation from penalties whilst ensuring thorough, compliant recruitment.
In 2025, Right to Work verification isn't just an immigration formality—it's a core component of safer recruitment and organisational compliance. Get it right, and you protect your organisation, your staff, and the children you serve.
Simplify Right to Work compliance. Our digital platform integrates Right to Work verification with DBS checks and identity verification, automates expiry reminders, and provides secure document storage and audit trails, ensuring continuous compliance without administrative burden.