Right to Work Checks UK: Employer Duties, Penalties and the 2026 Gig Economy Extension

UK employers must check that every employee has the right to work before employment starts, and getting that check right is what gives an employer a statutory excuse against a civil penalty of up to £60,000 per illegal worker if it later turns out someone was working unlawfully.

The employer's duty and the statutory excuse

The right to work check regime sits in Part 3 of the Immigration, Asylum and Nationality Act 2006. Section 15 sets a civil penalty for employing an adult who is subject to immigration control and has no right to work, or is working in breach of their conditions, unless the employer carried out a compliant check. Section 25 defines the key terms, including that an adult for this purpose means someone aged 16 or over. Both sections are confirmed as extending across the whole of the UK (legislation.gov.uk: Immigration, Asylum and Nationality Act 2006, section 15; section 25).

An employer who completes a compliant check before employment starts, and repeats a follow up check where an employee's permission to work is time limited, establishes what the Home Office calls a statutory excuse. That excuse protects the employer from the civil penalty even if it later turns out the employee did not in fact have the right to work, provided the check itself was done correctly (gov.uk: Right to work checks, an employer's guide, 26 June 2025).

Three ways to carry out a compliant check

Manual document check. The employer checks original, physical documents in the presence of the holder. List A documents show an unrestricted right to work and need no follow up check. List B documents show a time limited right to work and require a repeat check before the current permission expires.

Online check through the Home Office service. For anyone with a digital immigration status, an eVisa, or an outstanding application shown by a Certificate of Application, the employer runs a check through the Home Office's online service using a share code the employee provides. A share code is valid for 90 calendar days from the point it is issued and can be used as many times as needed within that period.

Digital identity verification through a certified provider (IDSP). Available only for British and Irish citizens, using a British passport or an Irish passport or passport card; from 1 October 2026 a passport or card that expired no more than six months earlier also qualifies. Using an IDSP does not transfer liability: the employer, not the provider, remains liable for the civil penalty if the check was not done correctly. Outside this route, a check carried out by a third party such as a recruitment agency does not give the employer a statutory excuse. Until 30 September 2026 the provider did not have to be on the government register of certified digital verification services; from 1 October 2026 an employer relying on this route must use a provider registered on that register for right to work checks and obtain confirmation of its registration (legislation.gov.uk: S.I. 2026/700).

Biometric residence permits no longer serve as proof of right to work. Gov.uk confirms that BRPs, framed around permits granted on or before 31 October 2024, have all now expired and been replaced by eVisas; holders must set up a UKVI account to access their eVisa and generate a share code (gov.uk: biometric residence permits).

An employer who applies checks selectively rather than consistently to every prospective employee risks a discrimination claim, under the Equality Act 2010 in Great Britain or under Northern Ireland's own Race Relations (Northern Ireland) Order 1997.

Civil penalties and other consequences

Civil penalty amounts increased on 13 February 2024 and have not changed since, reconfirmed against the Home Office's most recent guidance:

Source: Code of Practice on preventing illegal working, in force from 13 February 2024 (gov.uk: Code of Practice on preventing illegal working). The actual penalty in a given case starts from the relevant base figure and is adjusted under the Code's mitigating factor scale, so £45,000 and £60,000 are maximums, not automatic amounts. A revised code of practice takes effect on 1 October 2026 (S.I. 2026/700); the Home Office's draft guide for that date still gives a maximum of £60,000 per illegal worker.

Beyond the civil penalty, employing someone while knowing, or having reasonable cause to believe, that they do not have the right to work is a criminal offence under section 21 of the 2006 Act (legislation.gov.uk: Immigration, Asylum and Nationality Act 2006, section 21), carrying up to five years' imprisonment and an unlimited fine. Other consequences the Home Office's guide sets out include business closure and a compliance order, director disqualification, loss of a sponsor licence to employ migrant workers, seizure of earnings connected to the illegal working, review or revocation of alcohol, late night refreshment, private hire vehicle and taxi licences, and inclusion in a quarterly published report naming employers penalised in that period.

The gig economy and platform extension from 1 October 2026

From 1 October 2026, the right to work civil penalty scheme extends beyond traditional employment. Section 48 of the Border Security, Asylum and Immigration Act 2025 inserts new sections 14A and 15A into the 2006 Act, bringing in worker's contracts, individual sub-contractors, and online matching services, meaning platforms that, for a fee or commission, keep a register of service providers and match them with customers (legislation.gov.uk: Border Security, Asylum and Immigration Act 2025, section 48). The government's own draft guidance for this change gives a cleaner matched with a homeowner through an online matching service as its example and states plainly that the online matching service is that person's employer for the purposes of the right to work scheme.

Commencement is confirmed by regulation: section 48 comes into force on 1 October 2026 under regulation 2 of the Border Security, Asylum and Immigration Act 2025 (Commencement No. 4) Regulations 2026 (legislation.gov.uk: S.I. 2026/683). As of 28 September 2026, the Home Office's employer's guide written for this extension, dated 11 September 2026, remains published as a draft on gov.uk, with the 26 June 2025 edition still the current, finalised guidance (gov.uk: right to work checks, employer's guide, publication page; 11 September 2026 draft guide). Anyone covering a worker, a sub-contractor or a gig platform through an app after that date should check gov.uk for whether a final, non-draft version has since replaced it.

Coverage across the UK, including Northern Ireland

Immigration is a reserved matter, not devolved to Scotland, Wales or Northern Ireland, so there is no separate Scottish or Northern Irish right to work statute and no different penalty scale. The only nation specific element is which body handles an associated discrimination claim: an employment tribunal in Great Britain under the Equality Act 2010, or an industrial tribunal in Northern Ireland under the Race Relations (Northern Ireland) Order 1997, where the Equality Commission for Northern Ireland can advise. The underlying right to work check duty, the statutory excuse mechanism and the civil penalty figures are the same across all four nations.

Right to work checks are not right to rent checks

Right to work checks for employers and right to rent checks for landlords are two separate statutory schemes, with the same underlying document, share code and IDSP infrastructure but different Acts and different regulators of the check itself. Right to rent runs only in England, under the Immigration Act 2014. If you need the landlord equivalent, see right to rent checks.

For wider employer duties, see the UK employment law hub.

Frequently Asked Questions

What happens if an employer does not do a right to work check?

Without a compliant check, an employer has no statutory excuse against a civil penalty if the person turns out not to have the right to work. The penalty is up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for a repeat breach. Employing someone while knowing, or having reasonable cause to believe, that they do not have the right to work is also a separate criminal offence carrying up to five years' imprisonment.

What are the three ways to carry out a right to work check?

A manual check of original physical documents, an online check through the Home Office service using a share code, or digital identity verification through a certified provider, which is available only for British and Irish citizens using a British or Irish passport (or Irish passport card).

How long is a right to work share code valid for?

90 calendar days from the point it is issued, and it can be used as many times as needed within that period.

Do right to work checks apply in Northern Ireland?

Yes. Immigration is a reserved matter, so the same UK wide statute, the same three check methods and the same civil penalty figures apply in England, Wales, Scotland and Northern Ireland. Only the body that handles an associated discrimination claim differs.

Does the right to work scheme cover gig economy workers?

From 1 October 2026, yes. Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the civil penalty scheme to worker's contracts, individual sub-contractors, and online matching services such as gig economy apps, commenced by S.I. 2026/683.

Is a biometric residence permit still valid proof of right to work?

No. Gov.uk confirms BRPs, framed around permits granted on or before 31 October 2024, have all now expired and been replaced by eVisas. Holders need a UKVI account to access their eVisa and generate a share code for an employer to check.