Conducting right to work checks for your UK startup: a practical guide

Every UK employer has a legal duty to prevent illegal working. For a startup making its first few hires, that duty sits squarely with the founders. Getting it wrong can mean a civil penalty of up to £20,000 per worker, reputational damage, and even criminal liability if you knowingly employ someone without the right to work. This guide walks you through the practical steps, without the legalese. It is not legal advice; if you face an edge case, consult a solicitor.

When to carry out a check

You must check a person’s right to work before they start. The check is not a post-start formality. Carry it out after you make a conditional offer but before the agreed start date. If you delay, you lose the statutory excuse against a penalty.

The three-step process

The Home Office sets out a clear three-stage approach for manual document checks:

1. Obtain the original physical documents from the prospective employee or worker.
2. Check the documents in the presence of the holder. That means looking at them in person or on a live video call where you can see both the person and the document clearly.
3. Copy and keep a clear record of the documents, noting the date the check was made.

You can also use the Home Office’s online checking service for holders of biometric residence permits, settled or pre-settled status under the EU Settlement Scheme, or those with an eVisa. The online check generates a share code that you verify, saving you the manual document check for that specific person.

What documents are acceptable

The Home Office publishes two lists. List A contains documents that show an ongoing right to work, such as a UK passport or a birth certificate with an official document bearing a National Insurance number. A check using List A gives you a permanent statutory excuse for the duration of the person’s employment.

List B covers time-limited rights, such as a biometric residence permit or a visa vignette with an expiry date. If you rely on a List B document, you must repeat the check before the right expires. For List B Group 2 documents where an application to extend leave has been made, you need to follow the Home Office’s positive verification process.

Common documents you will see in a startup context include:

• a current UK passport (List A)
• an Irish passport card or passport (List A)
• a biometric residence permit card (List B)
• a digital status shown through the online service (List B)
• a frontier worker permit (List B)

Never accept a driving licence or a National Insurance number on its own; they do not prove the right to work.

How to do a manual check in practice

Schedule a short meeting, either in person or on video. Ask the candidate to show the original documents. During the check:

• Verify the photo looks like the person in front of you.
• Confirm the date of birth is consistent.
• Check for expiry dates on visas or permits.
• Look for obvious tampering, such as altered dates or uneven lamination.
• If it is a biometric residence permit, examine both sides.

Once you are satisfied, make a clear copy or scan of every page that shows the holder’s details and any expiry dates. Write on the copy, or record alongside it, the date you performed the check. If you are keeping records electronically, you can add the date as a note on the file. The important part is that you can later prove when you did the check.

Using the online checking service

Ask the individual to provide a share code and their date of birth. Go to the government’s ‘View a job applicant’s right to work details’ page. Enter the code and date of birth; the system will display their right-to-work status and any expiry date. You must view the confirmation page while the applicant is present – either in person or via a live video link. Save a screenshot or PDF of the confirmation page, including the date, and store it securely.

Keeping records

Retain copies of the documents or the online check confirmation for the whole duration of employment and for at least two years after the person leaves. Store them in a way that aligns with your data protection obligations. Keep the files clearly labelled and restrict access to those who need to see them. Good record keeping is your defence if UK Visas and Immigration (UKVI) asks questions.

Scheduling follow-up checks

If you employed someone using a List B document with an expiry date, set a reminder in your HR or compliance calendar at least two months before the expiry. At the follow-up, ask for renewed evidence. If the person cannot prove an ongoing right, you must stop employing them. Do not let a time-limited right lapse without a fresh check; the statutory excuse disappears the moment the leave expires if you have not acted.

Common pitfalls startups should avoid

• Checking someone’s right to work a few days after they start. The statutory excuse only covers pre-employment checks.
• Accepting a photocopy or scan as the original. You must see the physical document, except when using the online service.
• Failing to copy both sides of a biometric residence permit or forgetting to record the check date.
• Treating a share code as permanent proof – always verify it via the official online service, do not just write it down.
• Relying on a previous employer’s check. You need to do your own.

Making it part of your hiring process

Add a ‘right to work check completed’ step to your offer checklist. Use a simple spreadsheet or a document in StartupDocs to log the check date, document type, and next review date if applicable. A repeatable process removes guesswork and makes it less likely you will overlook the step when you are busy.

Right to work checks are a straightforward but non-negotiable part of being an employer. Set up your process once, follow it for every hire, and keep immaculate records. If the candidate’s right to work is not clear from standard documents, take advice from a solicitor before letting them start.