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What Is Right to Work?
Right to Work is the legal requirement for UK employers to verify, before employment begins, that every individual they hire is legally permitted to work in the UK. Employers who carry out a correctly conducted check gain a “statutory excuse,” a legal defence against penalties if that person is later found to lack the right to work.
A statutory excuse only applies for future breaches if the check was done correctly and on time; discovering a problem after employment has already started doesn't retroactively protect the employer for that period.
Right to Work at a Glance
| Attribute | Description |
|---|---|
| Legal Basis | Immigration, Asylum and Nationality Act 2006 |
| Check Must Occur | Before the individual starts working |
| Accepted Methods | Manual document check, Home Office online check, or certified Digital Verification Service |
| Civil Penalty | Up to £60,000 per illegal worker for repeat breaches |
| Criminal Liability | Possible where an employer knowingly employs someone illegally |
| Applies To | All new hires, regardless of nationality, including British citizens |
Why Does It Matter?
Right to Work checks are one of the most consistently enforced areas of UK employment compliance, with penalties reaching tens of thousands of pounds per worker. Because checks must be completed before someone starts working, and repeated for anyone with time-limited permission, this needs to be built into onboarding as a non-negotiable step, not an afterthought.
When Is It Used?
Right to Work checks are relevant whenever a company:
- Hires any new employee in the UK, regardless of their nationality.
- Employs someone with time-limited immigration status and needs to conduct a follow-up check before it expires.
- Acquires staff through a TUPE transfer, since the new employer cannot rely on the previous employer's checks and has a 60-day grace period to complete its own.
A Canadian retailer opens its first UK store and hires a sales assistant. Before the employee's first working day, the company conducts a Right to Work check using the Home Office online checking service, records the outcome with the date of the check, and retains that evidence, establishing a statutory excuse in case of any future dispute.
Common Misconceptions
No. Every new hire must be checked, including British and Irish citizens, applying assumptions based on appearance or accent is unlawful discrimination.
Not entirely. Where an employee has time-limited permission, a follow-up check is required before that permission expires to maintain the statutory excuse.
No. Manual checks require the employer to see original documents in the presence of the individual; copies or screenshots aren't sufficient.
No. The new employer cannot rely on the outgoing employer's checks and must complete its own within a 60-day grace period.
Right to Work is a mandatory, time-sensitive verification employers must complete before an individual starts working in the UK, with significant civil and potential criminal penalties for non-compliance. Building consistent, correctly documented checks into onboarding is essential for maintaining the statutory excuse.
Onboarding staff in the UK?
We'll help you build compliant Right to Work checks into onboarding and preserve your statutory excuse.
experts@adtsolution.com
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