Right to work
Home Office right to work checks, made simple
Every UK employer must confirm that a person can legally work before they start. This is a plain-English guide to how Home Office right to work checks work, and how Empliora runs and tracks them for you.
The three ways to check
There are three accepted methods, and which one you use depends on the person:
- Online share code check. The person gives you a share code from the gov.uk service. You look it up with their date of birth and keep the result. This is the method for most visa holders and eVisa holders.
- Manual document check. You see original documents from the Home Office List A (no time limit) or List B (time-limited), check them against the person, and keep dated copies.
- IDVT check. For British and Irish citizens with a valid passport, an Identity Document Validation Technology check through a certified provider.
The statutory excuse
A right to work check done correctly, before employment starts, gives you a statutory excuse. If the person later turns out not to have the right to work, a valid excuse protects you from the civil penalty. The check must be on the right person, kept as dated evidence, and repeated when time-limited permission is due to expire.
The penalties
Since 2024, the civil penalty is up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches. Beyond the fine, a breach can put a sponsor licence at risk. Getting the check right, and keeping the evidence, is what protects the business.
Follow-up checks
People with time-limited permission (a List B check) need a follow-up check before their permission runs out. Miss the date and the statutory excuse falls away. This is where reminders matter: Empliora records the follow-up date and chases it at 90, 60, 30 and 1 day, so a re-check never slips.
How Empliora runs your checks
Empliora turns the process into one click: request a share code from staff by email, run the gov.uk look-up, record the outcome and evidence, and keep every check dated and audit-ready. Visa expiry and follow-up dates are tracked automatically, and your right to work evidence exports as a pack if the Home Office visits.
Common questions
What is a right to work check?
A right to work check is the check a UK employer must carry out before someone starts work, to confirm they are legally allowed to do that job. Done correctly, it gives you a statutory excuse against a civil penalty if the person turns out not to have the right to work.
What are the three ways to check?
An online check using the person's share code on the gov.uk service, a manual check of original documents from List A or List B, or an identity document validation technology (IDVT) check through a certified provider for British and Irish citizens with a valid passport.
What is the penalty for getting it wrong?
Since 2024 the civil penalty is up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches. A correct check carried out before employment starts gives you a statutory excuse.
When do I need a follow-up check?
When someone has time-limited permission to work (a List B check), you must record a follow-up date and re-check before their permission expires. People with no time limit on their stay do not need a repeat check.
Run your right to work checks in Empliora
One-click gov.uk checks, follow-up reminders that chase themselves, and an audit-ready evidence log.
This guide is general information, not legal advice. Always follow current Home Office right to work guidance.