Employment Verification & Right to Work Checks
Employers in the UK have a legal responsibility to ensure that individuals have the right to work before employment begins.
Hudson McKenzie provides employment verification and UK Right to Work checking services to businesses, HR teams, recruitment organisations and international employers. We can support the verification process, identify potential immigration issues and help employers maintain appropriate records and follow-up procedures.
A correctly conducted Right to Work check can provide an employer with a statutory excuse against a civil penalty if an employee is subsequently found to be working illegally.
A UK Right to Work check is an immigration compliance check carried out before an individual starts employment.
The purpose of the check is to establish whether the individual has permission to work in the UK, whether they are permitted to undertake the proposed role and whether any restrictions apply to the type, hours or duration of their employment.
Depending on the individual’s nationality and immigration status, the appropriate process may involve a manual document check, a Home Office online Right to Work check or an eligible digital verification service.
Where an individual has time-limited permission to work, a follow-up check may be required before that permission expires. There are also circumstances in which an employer may need to use the Home Office Employer Checking Service to verify an individual’s status.
Hudson McKenzie assists employers with individual Right to Work checks as well as wider workforce immigration compliance programmes.
Employment Verification & Right to Work Checks
Pre-Employment Right to Work Checks
Hudson McKenzie can assist with checking an individual’s immigration status and evidence of their right to work before employment begins.
Depending on the individual’s circumstances, this may involve:
- Reviewing acceptable immigration documents
- Reviewing Home Office online Right to Work information
- Checking Right to Work share codes
- Reviewing eVisa status
- Identifying restrictions attached to an individual’s immigration permission
- Checking whether the proposed role is permitted under the individual’s immigration status
- Identifying whether a follow-up check will be required
- Advising where further Home Office verification may be necessary
The Home Office online service enables employers to establish the type of work an individual is permitted to undertake and, where applicable, how long they have permission to work in the UK.
Immigration Status and Employment Verification
A Right to Work check is not simply a document-checking exercise. Where an employee holds immigration permission, employers should also understand whether that permission allows the individual to undertake the proposed employment.
Hudson McKenzie can assist employers with immigration status and employment verification involving:
- Skilled Worker permission and sponsorship requirements
- Global Business Mobility immigration routes
- Student visa work restrictions
- Dependant permission
- Graduate visas
- British and Irish citizenship
- EU Settlement Scheme status
- Indefinite Leave to Remain
- Time-limited immigration permission
- Restrictions on hours or permitted work
- Changes in immigration status
- Pending applications, appeals or administrative reviews
Where the individual’s circumstances cannot be verified through the standard online process, the Home Office Employer Checking Service may be relevant.
Digital, Manual and Follow-Up Right to Work Checks
Digital Right to Work Checks
Many Right to Work checks can be undertaken digitally.
Non-British and non-Irish citizens with eligible digital immigration status can use the Home Office process to generate a Right to Work share code. The employer then uses the employer-facing Home Office service, together with the individual’s date of birth, to conduct the prescribed check.
British and Irish citizens cannot obtain a Right to Work share code. Employers can instead undertake an appropriate manual document check or use an eligible digital verification service where applicable.
Manual Right to Work Checks
Where a manual check is appropriate, the employer should obtain the relevant documents and establish that:
- The documents appear genuine
- The individual presenting them is the rightful holder
- Photographs and personal information are consistent
- The individual is permitted to undertake the proposed work
- Any restrictions or expiry dates have been identified
Employers should retain the required evidence in accordance with the prescribed Home Office process.
Follow-Up Right to Work Checks
Where an employee has time-limited immigration permission, a further Right to Work check may be required before the existing permission expires.
Hudson McKenzie can assist employers with:
- Identifying employees requiring follow-up checks
- Recording relevant immigration expiry dates
- Establishing review procedures
- Advising on further checks
- Reviewing updated immigration status
- Escalating cases where an employee’s right to work may have changed
This can be particularly important for employers with international workforces and organisations holding a UK Sponsor Licence.
Employer Checking Service, Sponsor Compliance and Right to Work Audits
Employer Checking Service
There are circumstances where an employee or prospective employee may be unable to demonstrate their Right to Work through the standard online service or appropriate documents.
This can include certain cases involving:
- Outstanding Home Office applications
- Appeals or administrative reviews
- Certificates of Application
- Application Registration Cards
- Immigration status requiring Home Office verification
Where appropriate, the employer may need to obtain verification through the Home Office Employer Checking Service.
Right to Work Checks and Sponsor Licence Compliance
For employers sponsoring migrant workers, Right to Work compliance forms part of the organisation’s wider immigration compliance framework.
Holding a Sponsor Licence does not remove the employer’s obligation to undertake the appropriate Right to Work checks. Employers should ensure that sponsored workers are employed consistently with their immigration permission and that appropriate records are maintained.
Right to Work Audits
Hudson McKenzie can review an employer’s existing Right to Work processes and employee records.
An audit can consider:
- Whether checks were completed before employment commenced
- Whether the correct checking method was used
- Whether appropriate evidence has been retained
- Whether employee details correspond with immigration status
- Whether restrictions have been identified
- Whether required follow-up checks are being completed
- Whether records are maintained consistently
- Whether HR procedures create unnecessary discrimination risks
- Whether procedures align with current Home Office requirements
A Right to Work audit can be particularly useful before a Home Office compliance visit, wider sponsor compliance review, internal HR audit, acquisition or corporate restructuring.
How Hudson McKenzie Can Help
Hudson McKenzie assists employers with employment verification, Right to Work checks and wider UK immigration compliance.
We can support individual pre-employment checks, immigration status verification, follow-up Right to Work checks, Employer Checking Service cases and reviews of existing employee records and HR procedures.
For employers that recruit sponsored workers, we can also consider Right to Work compliance alongside the organisation’s wider Sponsor Licence responsibilities and immigration compliance systems.
Our team works with UK companies, multinational businesses, HR departments, Global Mobility teams, recruitment businesses and international organisations employing staff in the UK.
Employers that do not conduct the prescribed checks correctly can face significant financial and operational consequences. Current Home Office guidance provides for civil penalties where an employer employs someone illegally and cannot establish the required statutory excuse.
For advice on employment verification, UK Right to Work checks or an existing compliance concern, speak to Hudson McKenzie about your organisation’s requirements.
Frequently Asked Questions About UK Right to Work Checks
Employers should establish that prospective employees have the right to work in the UK before employment begins. The appropriate checking process depends on the individual’s nationality, immigration status and available evidence.
The appropriate Right to Work check should be completed before the individual starts employment. Where the individual has time-limited permission, a follow-up check may be required before that permission expires.
Yes. Hudson McKenzie can assist employers with immigration status verification and assess whether an individual’s immigration permission allows them to undertake the proposed employment.
A Right to Work share code enables an eligible individual with digital immigration status to give an employer access to their Home Office Right to Work information. The employer must use the employer-facing Home Office service to complete the check.
Employers should establish the Right to Work of prospective employees, including British citizens. British and Irish citizens cannot obtain Right to Work share codes, so an appropriate manual document check or eligible digital verification process can be used.
Where an employee has time-limited immigration permission, the employer should conduct the required follow-up check before the existing permission expires. Where an application, appeal or administrative review is outstanding, the Employer Checking Service may be relevant depending on the circumstances.
Certain Right to Work checks can be completed using Home Office digital services. The correct process depends on the individual’s nationality, immigration status and the evidence available.
An employer can face a civil penalty where they employ someone illegally and cannot establish a statutory excuse. The Home Office’s current framework provides for penalties of up to £60,000 per illegal worker, depending on the circumstances.
Yes. Immigration compliance failures can create wider risks for Sponsor Licence holders. Employers sponsoring overseas workers should therefore ensure that appropriate Right to Work procedures form part of their wider sponsor compliance framework.

