Right to Work and Identity Checks: Essential Compliance for UK Employers

At Axion Screening, we specialise in delivering fast, accurate, and fully compliant Right to Work (RTW) and identity verification services. In an increasingly regulated employment landscape, these checks are not optional—they are a legal requirement for every UK employer, helping prevent illegal working, avoid hefty penalties, and protect your organisation’s reputation.

right to work checks

What Are Right to Work Checks?

Introduced under the Immigration, Asylum and Nationality Act 2006 and strengthened by subsequent legislation, Right to Work checks require employers to verify that every employee—regardless of nationality—has the legal right to work in the UK before they start employment.

Failure to conduct proper checks can result in:

  • Civil penalties of up to £20,000 per illegal worker (rising to £45,000 for first offences and £60,000 for repeat offences from 2024 onwards)
  • Criminal prosecution in serious cases
  • Loss of sponsor licence for organisations employing migrant workers
  • Reputational damage

Who Needs RTW Checks?

Every employer in the UK must perform RTW checks on all new employees, including:

  • British citizens
  • EU/EEA nationals (post-Brexit rules apply)
  • Non-EEA nationals with visas or settlement status
  • Part-time, temporary, and agency workers

Checks must be conducted before employment begins—no exceptions.

 

Acceptable Documents for Right to Work Verification

The Home Office maintains two lists of acceptable documents:

List A (unrestricted right to work – no follow-up required):

  • UK or Irish passport
  • Biometric Residence Permit (BRP) showing indefinite leave
  • Current passport with settlement endorsement

List B (time-limited right to work – follow-up check required before expiry):

  • Valid visa or Biometric Residence Card
  • EU Settlement Scheme status (share code verification)
  • Student or work visas with restrictions

Since February 2022, employers can also conduct digital RTW checks using Identity Service Providers (IDSPs) for certain biometric documents, offering a faster and more secure alternative to manual checks.

Identity Verification:  Going Beyond RTW

While RTW checks confirm eligibility to work, robust identity verification ensures the person presenting documents is genuinely who they claim to be. This is crucial in preventing identity fraud—a growing risk in recruitment.

Key elements include:

  • Cross-referencing multiple official documents
  • Checking for signs of forgery or tampering
  • Using digital identity validation technology (e.g., facial matching, document authenticity scans)
  • Confirming current address history

Strong identity checks form a cornerstone of broader pre-employment screening, including BPSS for government-related roles.

The Axiom Screening Difference

We provide end-to-end RTW and identity solutions tailored to your needs:

  • Manual document checks by trained compliance experts
  • Digital identity verification using certified IDSP technology for faster results
  • Online share code validation for EU Settlement Scheme and visa holders
  • Bulk processing for high-volume recruitment
  • Seamless integration with DBS, BPSS, and other screening services

Our process ensures full audit trails, GDPR compliance, and clear reporting—giving you peace of mind and defensible evidence in case of Home Office inspection.

Best Practices for Employers

  • Conduct checks before employment starts
  • Copy and retain documents securely for the required period (duration of employment + 2 years)
  • Perform follow-up checks for time-limited permissions
  • Train HR teams on current requirements
  • Use accredited providers to reduce risk

Right to Work and identity checks are more than compliance—they are the foundation of trustworthy recruitment.

Contact Axiom Screening today for expert support in keeping your workforce legal, secure, and compliant.

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