Right-to-work checks before the first shift

Before anyone starts work, check and record their right to work in the UK — either using the Home Office online service (for most people with a digital status) or a manual document check for those without one. Do this before their first shift, not after, and keep evidence of the check on file.

A compliant check gives you a "statutory excuse" against illegal working penalties. Since 13 February 2024 the civil penalty for employing someone without the right to work has risen to up to £45,000 per worker for a first breach and up to £60,000 for repeat breaches — and that protection only applies if the check was done properly before they started.

Watch out for

• Doing the check after someone has already started their first shift — the statutory excuse only protects you if the check happened before employment began.
• Not repeating checks for staff on time-limited visas — where someone's right to work has an expiry date, you have to follow up with a repeat check before it lapses.
• Keeping no evidence of the check — a verbal "I saw their passport" is not enough; you need the actual copy or online check confirmation on file.

Sources

• GOV.UK — View a job applicant's right to work details checked 2026-09-02
• GOV.UK — Checking a job applicant's right to work checked 2026-09-02

See also

• Written statement of particulars, day one
• Payroll, auto-enrolment and a written tips policy