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Right to Work Compliance
Right to work checks protect your organisation from liability for illegal working, but only where they are carried out correctly and evidenced properly.
Every employer in the UK must check that the people it employs have the right to work, whatever their nationality. Carried out correctly, a check establishes a statutory excuse: a defence against a civil penalty if a worker turns out not to have permission.
Carried out incorrectly, or not evidenced, the same check gives you nothing. The most common problem we see is not an absence of checks but checks that cannot be shown to have been done properly, or at the right time.
For licensed sponsors the exposure is doubled: right to work failures are also sponsor duty failures.
Who this is for
- All UK employers, not only licensed sponsors
- Organisations relying on online checks and share codes
- Employers with high-volume or seasonal recruitment
- Businesses using agencies, contractors or umbrella arrangements
- Organisations that have received a civil penalty or referral
- Sponsors whose right to work files have never been audited
What a compliant check requires
01
Before employment begins
The check must be completed before the person starts work, and the file must show that it was.
02
The correct method
Manual document check, online check with a share code, or an identity service provider, depending on the individual.
03
Proper evidence
A clear copy or record, dated, retained in a format that can be produced on request.
04
Follow-up checks
Repeat checks where permission is time-limited, carried out before expiry rather than after.
05
Consistency
The same process applied to every worker, so the practice is neither discriminatory nor selective.
Where the statutory excuse is lost
Undated evidence
A copy on file with nothing to show when the check happened may not establish the excuse at all.
Checks after the start date
A check completed in the first week rather than before day one leaves a gap that cannot be closed retrospectively.
The wrong check for the person
Using a manual check where an online check is required, or accepting documents that do not establish the right, both fail.
Missed follow-up dates
Time-limited permission requires a repeat check. Where nobody owns the expiry diary, workers continue in employment without a valid excuse.
Inconsistent application
Checking some workers more rigorously than others creates discrimination exposure alongside the compliance risk.
Right to work is where compliance either works or does not.
It is the most routine of the duties, carried out most often, usually by the people with the least specialist training, which is exactly why it produces the most findings.
An organisation whose right to work practice is sound is usually sound elsewhere. One whose files are inconsistent has a process problem that will show up in its sponsorship records too.
How MichelleBelle assists
We audit right to work practice, correct what can be corrected, and put a process in place that holds without specialist supervision.
- File-level audit of existing right to work records
- Advice on the correct method for particular individuals
- Designing a process that works at your recruitment volume
- Follow-up check diarising and ownership
- Training for recruiters, line managers and HR
- Advice where a civil penalty or referral has been received
- Reviewing agency, contractor and umbrella arrangements
Common questions
What is a statutory excuse?
A defence against a civil penalty for employing someone without the right to work, established by carrying out and retaining a compliant check. It protects the employer; it does not make unlawful employment lawful.
Do we need to check British citizens?
Yes. Checks must be carried out on everyone you employ. Checking only those you believe may not have the right to work is both non-compliant and discriminatory.
Are online checks sufficient?
For those whose status can be checked online, an online check carried out correctly establishes the excuse, and the record must be retained. Not everyone can be checked this way, so the method has to be right for the individual.
We think a historic check was not done properly. What should we do?
Take advice. Depending on the circumstances a fresh check may be appropriate, and there may be reporting considerations if you are a licensed sponsor. Do not simply back-date or replace a record.
This page is general information about sponsorship and compliance and is not advice on your organisation’s circumstances. Immigration Rules and Home Office sponsor guidance change; where a specific requirement, fee or threshold affects a decision you are taking, check the position in force at that date or ask us. Information on this page last reviewed August 2026.
Would your right to work files give you the protection you assume?
Corporate enquiries are handled by the practice team. For a case-specific discussion, book a consultation.