If you’re hiring someone new, you must check that they have the legal right to work in the UK before they start.
That applies to every role and every nationality.
Skip it and you risk fines of up to £60,000, plus serious damage to your business and reputation.
Here’s 3 ways to check right to work:
1️⃣ Manual check: see the original passport, visa or other approved document (in person or live video while you hold the originals), check it matches the person and keep a dated copy for the duration of employment plus 2 years.
2️⃣ Digital Verification Service (DVS): only for British or Irish passports. A provider verifies the passport digitally, but you’re still legally responsible.
3️⃣ Home Office online check: for anyone with digital status (eVisa). The worker gives you a share code and date of birth. You run the check on gov.uk, confirm their photo matches and save the profile page.
Here are some common mistakes you might make:
❌ Accepting expired or invalid documents
❌ Forgetting follow-up checks on visas
❌ Not keeping secure dated copies
❌ Assuming checks only apply to non-UK staff
❌ Being inconsistent (which can lead to discrimination claims)
Here’s what you should do to stay compliant:
✅ Check documents before day 1
✅ Record the exact date of the check
✅ Keep copies securely for the duration of employment plus 2 years
✅ Apply checks consistently to everyone
✅ Set reminders for visa follow-ups
✅ Destroy documents securely after the retention period
For more details you can read my latest guide using the link below,
www.starfishpeople.com/wp-content/uploads/2025/11/How-to-conduct-lawful-right-to-work-hecks.pdf
It’s a simple step-by-step guide that explains:
✅The 3 legal ways to carry out a check
✅Which documents you can accept
✅Common mistakes to avoid
✅How to stay compliant and protect your business
Get in touch if you need some support with getting this process right internally.
If you’d like a second opinion on whether your current process is watertight, book a free 30-minute compliance check with us today.
Book your free 30‑compliance check with me today
https://calendly.com/starfishpeople-coaching/30min
Helen Price-Evans, HR Guru, Starfish People HR
