Every employer, including a care provider using agency workers, is responsible for making sure the people who work for them are allowed to work in the UK. A missed or badly recorded check can lead to a civil penalty, and it can put the service in an awkward position with commissioners and inspectors.
This guide sets out what a sound check looks like and how to keep it simple for your team. Immigration rules change, so always confirm the current requirements on GOV.UK before you rely on any single article, including this one.
What a right to work check is
It is a check, made before someone starts, that they have the right to do the work you are offering. It is separate from a DBS check, which looks at criminal record information. A person can pass one and still need the other, so keep the two records apart and clear.
The three routes
- Online check using a share code. For people with a digital immigration status, the person generates a share code and you check it on the GOV.UK service. You keep a copy of the result.
- Manual document check. You see the original documents with the person present (in person or by live video call where the rules allow), check they are genuine and belong to the person, and keep a dated copy.
- Certified identity check. For some British and Irish passport holders, a certified identity service provider can carry out the check on your behalf.
Which route applies depends on the person's documents, so make sure whoever carries out checks knows how to choose.
What to keep on file
- A clear copy of the evidence or the online result.
- The date the check was made.
- The name of the person who made it.
- A reminder date if the person's permission to work is time-limited.
Common mistakes
- Starting someone before the check is finished.
- Keeping a copy but no date, so you cannot show the check was made in time.
- Forgetting the follow-up check when permission to work has an end date.
- Treating a DBS certificate as proof of the right to work. It is not.
Make it routine
The most reliable approach is to make the check a visible step in onboarding, with a named owner and a reminder for any expiry date. If you use an agency, ask to see how they carry out and record these checks, and agree who is responsible for keeping the evidence.
At Kome Care we keep a dated record of every check against the worker's file, and a named person is responsible for each decision. If you would like to know more about how we vet our staff, get in touch with our team.
