You have discovered exactly the right person. They are ready to begin, their references sparkle, and they have passed the interview flawlessly. One non-negotiable legal gatekeeper you must meet is the Right to Work (RTW) check before you may get aboard.

Getting it right is the first step in lawful hiring. Get it incorrect, and you risk criminal prosecution, fines of up to £60,000 per unlawful employee, and significant reputational damage.  

This is about due diligence, not bureaucracy. Knowing how to do a tight check is your first line of defence in developing digital identities and fluctuating immigration regulations. 

This guide simplifies complexity so that you get a clear, practical plan to guarantee your hiring is flawless and legally compliant. 

Why RTW Checks Are Mandatory

The right to work scheme is a UK government requirement designed to prevent illegal migration. As an employer, you have a statutory duty to prevent anyone who lacks permission to work in the UK from being employed.

This duty is continuous; it applies from the pre-employment stage and lasts for the duration of employment. The Home Office conducts raids and inspections, and pleading ignorance is not a defence. Compliance is a legal cornerstone of ethical recruitment. 

The Two Pathways: Manual vs. Digital Checks

Since April 2022, employers have two distinct, lawful methods to conduct a check. Choosing the right one depends on the candidate’s nationality and documents.

1. The Manual Check (The Traditional Route)

This method involves you, the employer, physically checking original, acceptable documents in the presence of the holder (in-person or via live video link).

• Step 1: Obtain Original Documents. The candidate must present one or more documents from the government’s prescribed lists (List A or B). 
• Step 2: Check in Presence. You must be in the physical presence of the candidate or connected via a live video link. You cannot rely on a scanned copy or a video recording. 
• Step 3: Verify Authenticity. Scrutinise the documents for any signs of tampering or forgery. Check photographs, dates of birth, expiry dates, and UK Government endorsements (visas, Biometric Residence Permits). 
• Step 4: Make a Clear Copy. Create a dated, legible copy that cannot be altered (e.g., a PDF or photocopy). For a passport, copy every page with expiry dates, photographs, or endorsements. 
• Step 5: Record the Date. Annotate the copy clearly with the date on which the check was made. 

2. The Digital Check (The Modern, Streamlined Route)

This is conducted online via a certified Identity Service Provider (IDSP) or directly using the Home Office online checking service. 

• For British & Irish Citizens: They can use an IDSP to verify their identity digitally using a valid passport (or Irish passport card). The IDSP will carry out the check and provide you with a Positive Verification Notice (PVN). This is your proof of compliance. 
• For Those with a Share Code: Candidates with a UK immigration status (e.g., Skilled Worker visa, EU Settled Status) can generate a 9-digit share code online. You then use this code, along with their date of birth, on GOV.UK. This service shows you their current immigration status and any work restrictions in real time.

Crucial Note: You cannot insist on one method over the other. If a candidate chooses to prove their right to work using the digital service, you must use it. You cannot demand to see their physical documents instead. 

Moving toward Lists A & B

• List A: Documents that confer a permanent right to work (e.g., UK/Irish passport, UK birth certificate with an official photo ID, permanent residence card). One check is sufficient for the duration of employment. 
• List B: Documents that confer a temporary right to work. This list is split into two: 
• Group 1: Temporary permission with a future expiry date (e.g., a Biometric Residence Permit). You must check the expiry date and conduct a follow-up check before it expires. 
• Group 2: Documents that require a Home Office Employer Checking Service (ECS) verification, typically if the candidate has an outstanding application or appeal. An ECS response provides you with a statutory excuse for 6 months. 

The Follow-Up Check 

Your responsibility doesn’t end on day one. For employees with a time-limited permission to work (List B, Group 1), you must diarise a follow-up check before their permission expires. 

1. If they provide new documents showing continued permission, you repeat the manual or digital process. 
2. If their permission has expired and they have not provided new proof, you must cease employing them immediately to avoid a civil penalty. 

Common Pitfalls & How to Avoid Them

• Pitfall 1: Accepting Non-Original Documents. Faxes, scanned copies, or photos are only acceptable if verified in a live video call. Never accept them via email alone. 
• Pitfall 2: Missing Expiry Dates. Failing to diarise and conduct follow-up checks is a leading cause of penalties. 
• Pitfall 3: Discriminatory Practices. You must apply the check consistently to every candidate, regardless of nationality, ethnicity, or accent, to avoid discrimination claims under the Equality Act 2010.
• Pitfall 4: Poor Record-Keeping. You must retain a copy of every document or PVN for two years after employment ends. Inadequate records mean you have no defence if investigated.

Final Words

A strong right-to-work process is a basic foundation of your operational integrity; it goes beyond a box-ticking activity. Knowing the two processes, precisely managing papers, and putting unbreakable follow-up systems into action helps you to turn a legal requirement into a smooth component of your onboarding process.  

Using certified technology can be the secret to both efficiency and perfect compliance in an age of remote hiring and digital identities. Thus, guaranteeing you never miss a vital date or detail.  

Simplify compliance and get rid of human mistakes. Through integrated, current right-to-work checks, verify every new hire’s legality.