Right to work checks: when to do them and what to keep

Before the first day

You must check that someone has the right to work in the UK before they start work. If you do the check correctly, and in time, you have a statutory excuse if it later turns out they didn't have the right to work. Without it, the civil penalty can be up to £60,000 per worker.

The best time is after they've accepted a conditional offer and before their start date. Doing it on the morning of day one leaves no room if something's wrong.

Check everyone, the same way. Don't skip British-looking candidates or check only people you think may be from abroad.

The three ways to check

• A manual check of original documents: see the original, in the person's presence (in person or on a live video call with the original sent to you), check it's genuine and theirs, and keep a dated copy. This is mainly for British and Irish citizens.
• A Home Office online check, using a share code the person gives you. Most people who aren't British or Irish now prove their right to work this way.
• A digital identity check through a certified identity service provider, for British and Irish citizens with a valid passport.

If someone has an application or appeal pending, or can't show their status, use the Home Office Employer Checking Service.

Time-limited permission

If their permission to work has an end date, put a follow-up check in the diary before it ends. Do the follow-up the same way as the first check. The excuse only lasts while the follow-up checks are done on time.

What to keep

Keep a copy of the check, with the date you made it, for the whole of their employment and 2 years after it ends. Then destroy it securely.

Your record of the check isn't the check. Follow the Home Office employer's guide for the method you use.