When Did Right to Work Checks Start in the UK?

If you’re hiring in the UK, you’re legally required to verify every new starter’s right to work before they begin. These checks can feel a bit procedural, but they’re essential risk management - done properly, they give you a statutory excuse (legal defence) if the Home Office later alleges illegal working.

So, when did right to work checks start in the UK, how have they changed, and what does a small employer need to do today? This guide breaks down the history and the current rules in plain English, with clear steps to build a compliant hiring process from day one.

Why Right To Work Checks Matter For Small Employers

Right to work (RTW) checks are not optional. Employers must prevent illegal working under immigration law. If you don’t carry out the checks correctly, you can face civil penalties, reputational damage and - in serious or knowing cases - criminal liability.

On the flip side, completing checks properly gives you a “statutory excuse” that can protect your business even if it later turns out a document was forged or an individual didn’t have permission. That’s why it’s worth systemising the process alongside your core hiring paperwork like an Employment Contract and onboarding policy.

Recent enforcement trends also matter. The government has increased penalties and stepped up compliance activity, as highlighted in this update on how the UK government cracks down on employers who flout visa rules. Having a robust, documented RTW process is the simplest way to stay on the right side of the rules.

A Short History: When Did Right To Work Checks Start In The UK?

Right to work checks have been around longer than many people realise. Here’s the key timeline:

• 1996–1997: Checks Introduced. The Asylum and Immigration Act 1996 made it an offence to employ someone subject to immigration control who didn’t have permission to work. From 27 January 1997, employers could establish a statutory defence by checking and copying certain original documents (the beginnings of today’s “List A/List B”).
• 2006–2008: Civil Penalty Scheme Starts. The Immigration, Asylum and Nationality Act 2006 created a civil penalty regime (replacing the earlier criminal-focused approach for negligent breaches). The scheme took effect from 29 February 2008, formalising the statutory excuse for employers who carried out prescribed checks correctly.
• 2014–2016: Further Reforms. Later reforms refined the lists of acceptable documents, introduced the Employer Checking Service (ECS) and created new offences around illegal working by individuals (Immigration Act 2016), tightening the overall compliance environment.
• 2020–2022: COVID-19 Adjusted Checks. From 30 March 2020, temporary “adjusted” checks allowed remote verification by video call with scanned documents. These adjustments ended on 30 September 2022.
• 2022: Digital Identity Checking Arrives. From 6 April 2022, employers could use Identity Service Providers (IDSPs) to conduct digital checks for British and Irish passport holders. On the same date, checks for Biometric Residence Card/Permit holders became online only.
• 2024: Penalties Increase. From 13 February 2024, civil penalties increased significantly - up to £45,000 per worker for a first breach and up to £60,000 per worker for repeat breaches.

The short answer is: right to work checks started in the late 1990s, were strengthened by the 2006 Act (commencing 2008), and have continued to evolve with online and digital routes, temporary COVID adjustments and higher penalties.

How The Rules Work Today (And What Changed Recently)

Today’s rules are set out in the Home Office’s “Right to Work Checks: An Employer’s Guide”. In practice, your duties boil down to three pillars: verify, copy, and record.

1) Verify Permission To Work

You must verify that every new starter is allowed to do the work you’re offering. The correct method depends on the person’s status:

• British and Irish citizens: Either check original documents face-to-face (e.g. a valid British/Irish passport), or use an approved IDSP for a compliant digital check of a current passport.
• Non-British/Irish with an immigration status in the UK: Use the Home Office online right to work service with a share code provided by the individual - this is mandatory for certain cards/permits and is generally best practice for those with digital status.
• Pending applications or no documents: Use the Employer Checking Service (ECS). A Positive Verification Notice (PVN) provides a time-limited statutory excuse.

2) Copy The Evidence Properly

Make a clear copy of the document you’ve checked or the online result page. The copy must be unalterable (e.g. a PDF scan) and you should record the date you carried out the check. For online checks, download or print the profile page showing the individual’s photo and permission details.

3) Record And Calendar Follow-Ups

If someone has time-limited permission, diarise the follow-up check before it expires. Keep the RTW records securely for the duration of employment and for at least two years after the employee leaves.

Recent Changes To Know

• Digital checks: Using an IDSP is allowed only for British/Irish passport holders. You remain responsible for compliance, so choose a reputable provider and integrate it into your onboarding.
• Online-only categories: Some non-UK nationals can only be checked online (e.g. Biometric Residence Card/Permit holders) - physical documents no longer establish a statutory excuse for those categories.
• Higher penalties and enforcement: The increased fines in 2024 accompany greater enforcement. Document your process carefully and consider refreshing internal training.

What Evidence Counts: Documents, Online And Digital Checks

Not all documents establish a statutory excuse. The Home Office maintains Lists of acceptable evidence - commonly referred to as List A (permanent right to work) and List B (time-limited right to work). The lists are updated periodically, so always rely on the latest guidance.

List A (Permanent Right To Work)

Typical items include a valid British or Irish passport, or a share code showing indefinite permission. Once you’ve completed a compliant List A check, you don’t need to do follow-up checks for that person.

List B (Time-Limited Permission)

These checks cover visas and statuses with an expiry date (for example, Skilled Worker, Graduate or Student work permissions). You’ll need to carry out follow-up checks at the right time to maintain your statutory excuse. Where an individual’s status is held digitally, use the online service with a share code.

Online Checks And Share Codes

For many visas and statuses, the Home Office online service (with the worker’s share code and date of birth) is now the definitive route. Make sure the person’s photograph matches the individual you’re hiring and that the permissions cover the role (including any restrictions, such as prohibitions on self-employment or limits on working hours).

Digital Identity Checks Via IDSPs

If you’re hiring British or Irish passport holders, you can use an IDSP to complete an identity check remotely. It’s convenient for remote hiring, but you must ensure your provider meets the relevant standards and that you keep the outcome record with the rest of your RTW evidence.

Contractors, Workers And Agency Staff

Right to work checks apply to anyone you employ. If you use labour via an agency, confirm contractually who is the employer and who is responsible for RTW checks. If you directly engage casuals or limb (b) workers, build RTW into your onboarding in the same way as for employees - and think carefully about status classification, as explored in Worker vs Employee. If you’re bringing in temporary staff via a staffing supplier, align responsibilities in your Agency Worker Hire agreements.

Building A Compliant Hiring Process (Step-By-Step)

Embedding right to work checks into your standard hiring journey keeps you protected and saves time later. Here’s a pragmatic workflow you can adapt to your business.

Step 1: Map Roles And Common Scenarios

• Identify which roles you fill most often and whether you hire locally, remotely, or seasonally.
• Decide whether you’ll use in-person document checks, online checks with share codes, or digital checks for British/Irish passport holders via an IDSP.

Step 2: Standardise Pre-Start Checks

• Make RTW checks a pre-condition of starting work and include this in your offer/onboarding communications.
• Use a short checklist and template email requesting either originals for an in-person appointment or a share code (for online checks).
• Align this with your core onboarding paperwork, such as your Employment Contract and payroll starter forms.

Step 3: Train Hiring Managers

• Run quick training on which documents are acceptable, how to use the online service, and how to spot common red flags.
• Explain the importance of checking that the photo matches the person in front of you and that the permission covers the specific role.

Step 4: Record, Retain And Calendar Follow-Ups

• Keep secure, unalterable copies of documents or online profile pages with the check date noted.
• Use your HRIS or even a simple calendar to schedule follow-up checks for people with time-limited permission.

Step 5: Create A Written Policy

• Document your checks in a short policy included in your Staff Handbook so the process is clear and consistent.
• Add internal QA - for example, a monthly spot check of new starter files - to catch any process drift.

Step 6: Have A Plan For Exceptions

• If someone can’t show the usual documents, use the Employer Checking Service. A Positive Verification Notice protects you temporarily.
• If a sponsored worker’s status is in question or your licensing position changes, act early. Where needed, take advice - particularly if your sponsor licence is suspended or revoked, as the implications can be serious, as explained in what to do if your sponsor licence is revoked.

Common Mistakes And How To Avoid Civil Penalties

Even diligent employers can slip on the details. Here are frequent pitfalls and how to avoid them.

Relying On The Wrong Document

Some documents look official but don’t establish a statutory excuse (for example, a National Insurance number letter by itself). Always cross-check against the current Home Office guidance and, where applicable, use the online service with a share code.

Not Matching The Person To The Document

You must be satisfied that the person in front of you is the person on the document. If the photo is out of date or the name has changed, request supporting evidence (e.g. marriage certificate, deed poll) and keep copies.

Forgetting Follow-Up Checks

Where permission is time-limited, your statutory excuse expires when the permission expires - unless you complete a fresh check. Calendar these dates as part of your onboarding process and audit them periodically.

Not Recording The Check Date Or Keeping Legible Copies

To rely on the statutory excuse you need clear, unalterable copies and a record of when the check was done. Make this automatic: scan to PDF, name the file consistently and save it to a secure folder.

Assuming Agencies Always Handle It

If you are the employer, you are responsible. If a staffing supplier is the employer, ensure your contracts set out who does the checks and how you can verify compliance. Align this with your wider employment compliance obligations under the Employment Rights Act 1996.

Waiting Until Day One

Discovering on a new starter’s first day that you can’t establish their right to work is disruptive and risky. Make completion of checks a condition of starting, and explain this early in the hiring process.

Record-Keeping, Data Protection And Audits

Right to work checks sit alongside your broader HR compliance. Beyond immigration rules, you should consider confidentiality, retention and privacy obligations when storing copies of identity documents.

How Long To Keep Records

Keep RTW evidence for the duration of employment and at least two years after it ends. Store it securely with limited access.

Privacy And Data Protection

Copies of passports and immigration documents are personal data. Make sure you only collect what you need, store it securely, and restrict access to those who need to see it. Build these principles into your onboarding processes and staff training, and include clear wording in your policies within your Staff Handbook.

Internal Audits And Home Office Visits

It’s sensible to run internal spot checks to ensure your process is being followed. If the Home Office visits or requests evidence, you’ll need to show your documented process and the records for selected employees. Keeping everything tidy and consistent makes that far easier.

If You Sponsor Workers

Licensed sponsors have extra duties (reporting, record-keeping, monitoring). If you employ sponsored workers, expect greater scrutiny. In this climate - especially with stronger enforcement - robust processes matter. If you do face allegations of non-compliance, seek prompt advice; the risk picture is similar to the wider crackdown on non-compliant hiring described in the government enforcement update on employer exploitation of visa rules.

Status And Engagement Type

Finally, be clear about who you’re hiring and on what basis. Employment status affects many rights and obligations (pay, holiday, working time) and can also shape how you manage checks and onboarding. If you’re unsure, this plain-English breakdown of Worker vs Employee is a helpful starting point.

Key Takeaways

• The answer to “when did right to work checks start in the UK?” is: they began in the late 1990s (Asylum and Immigration Act 1996, effective from 1997), were strengthened by the 2006 Act with a civil penalty regime from 2008, and have evolved through online, digital and COVID-adjusted routes.
• Today, you must verify permission to work for every new starter, make and keep clear copies with the check date, and diarise any follow-up checks for time-limited permissions.
• Use the right method for the individual: online share code checks for digital statuses, IDSP digital checks only for British/Irish passport holders, and the Employer Checking Service where necessary.
• Penalties increased in 2024 - up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches - so consistent, documented processes are crucial.
• Systemise RTW within your hiring flow: build it into your offers, onboarding and Staff Handbook, and align responsibilities where you use agencies or sponsored workers.
• Avoid common mistakes: relying on the wrong documents, failing to match the person to the evidence, missing follow-up checks, or neglecting to record the check date.
• Pair immigration compliance with strong HR legals - clear status classification, a solid Employment Contract, and policies that reflect your obligations under the Employment Rights Act 1996.

If you’d like tailored help to design a compliant right to work process, align responsibilities with suppliers, or update your hiring documents, our team is here to help. You can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.