Right to work checks: what employers must do in 2026

Every UK employer must check that a new hire is allowed to work in the UK before they start. You can do this by checking original documents, using the Home Office online service with a share code, or using a certified identity service provider. Since 1 October 2026 the same duty also covers many workers and individual subcontractors, not just employees.

Who you must check

You must check every person you employ, whatever their nationality, before their first day. Checking only people you think are not British is discrimination, and GOV.UK says you must not discriminate against anyone because of where they are from.

From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 brings these arrangements into the scheme:

• people engaged under a worker’s contract
• individual subcontractors
• certain online matching services that connect people providing services with clients

Section 48 also treats a business that contracts to provide work, including through a chain of subcontracts, as employing anyone who personally does that work. It came into force on 1 October 2026 under SI 2026/683. The Home Office published a new employer’s guide and code of practice on the same date.

You do not need to recheck existing employees from the EU, EEA or Switzerland who came to the UK before 1 July 2021. If you are unsure whether someone is an employee, worker or contractor, see our guide to employment status.

Which type of check applies?

The right method depends on the person’s nationality and documents.

British and Irish citizens cannot get a share code. For everyone else, GOV.UK says you can no longer accept biometric residence cards or permits, so ask for a share code.

How to do a manual document check

A manual check has three steps, set out on GOV.UK’s right to work checks page.

1. Obtain the applicant’s original documents from the Home Office’s acceptable lists.
2. Check they are valid, with the applicant present.
3. Copy the documents in a form that cannot be changed, and record the date of the check.

When you check, confirm that:

• the documents are genuine, original and unchanged, and belong to the person
• photos match across all documents and look like the applicant
• dates of birth match across all documents
• any name difference is explained by a document such as a marriage certificate

For a passport, copy every page with the expiry date and the holder’s details. For other documents, copy the whole document.

How to do an online check

Use the Home Office view a job applicant’s right to work details service if the applicant gives you a share code. You need the share code and their date of birth.

The result shows the work they can do and any time limit. Check the photo matches the person, then save the result page with the date.

Using an identity service provider

An identity service provider (IDSP) uses identity document validation technology to check passports digitally. It suits British and Irish citizens with a valid passport. Several guides to the 1 October 2026 changes say the provider must be certified for right to work checks on the government’s digital identity register. Check your provider’s status before relying on it.

Follow-up checks

You must check again before a time-limited right to work expires. If the person’s permission ends and they cannot show a new right to work, you may lose your defence against a penalty if you keep employing them.

How long to keep records

Keep copies of the documents and the check date for the length of the employment and for 2 years after it ends. Store them in line with UK GDPR.

What happens if you get it wrong

The penalties are set out on GOV.UK’s page on penalties for employing illegal workers.

• Civil penalty: up to £60,000 for each illegal worker if you did not carry out a correct check. The Home Office code of practice sets a lower starting point of £45,000 per worker for a first breach.
• Criminal offence: up to 5 years in prison and an unlimited fine if you knew, or had reasonable cause to believe, the person had no right to work.
• Publication: Immigration Enforcement may publish your business’s details.

A correct check made before the work starts gives you a statutory excuse, which means you do not pay a civil penalty.

What employers should do now

1. List everyone who started on or after 1 October 2026, including workers and individual subcontractors, and confirm each was checked.
2. Review contracts with labour suppliers so they must carry out and evidence checks.
3. Diarise follow-up checks for anyone with time-limited permission.
4. Update your onboarding checklist. Our guide to taking on your first employee covers PAYE and pensions too.

The wider employment changes are tracked in our Employment Rights Act timeline.

Frequently asked questions

Do I need to check British citizens’ right to work?

Yes. You must check everyone, including British and Irish citizens, using original documents or an identity service provider.

Can I do a right to work check after someone starts?

You should check before the work starts. A check made later does not give you a statutory excuse for the period before it.

What is the fine for not doing right to work checks?

Up to £60,000 for each illegal worker, according to GOV.UK, with a starting point of £45,000 for a first breach under the code of practice.

Do right to work checks apply to self-employed contractors?

From 1 October 2026 they apply to individual subcontractors and people on worker contracts, under section 48 of the Border Security, Asylum and Immigration Act 2025.

How long do I keep right to work documents?

For the length of the employment and 2 years after it ends.

Who do I call with a right to work question?

The Home Office Employer Enquiry helpline on 0300 790 6268.