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Employers

Right to work: choosing and completing the prescribed check

Check the person’s permission for the actual work before the relevant employment starts.

Editorial check: 4 November 20263 min read

Choose the applicable method

The current employer guide covers prescribed manual, Home Office online and eligible digital-provider checks. October 2026 guidance extends the scheme to specified working arrangements. Confirm the scope and transitional rules for the arrangement concerned.

  • Determine the permitted check route from current evidence and guidance.
  • Check identity, permitted duties, any hours restriction and relevant time limit.
  • Save the required check result and completion date; schedule any required follow-up.

Keep recruitment consistent

Apply the same fair procedure to applicants. The discrimination code addresses equal treatment and difficulties accessing digital services.

  • Train recruiters not to make assumptions from nationality, accent or appearance.
  • Provide a practical escalation route where the person cannot obtain or use a share code.
  • Keep check records separate from assumptions about whether sponsorship is required.

Suggested end-to-end check test

Select one recent starter and reconstruct the check from the evidence available at the time. Identify who chose the method, how identity was matched, what restrictions were read and how the result was retained. Compare the decision with the actual duties and work pattern. A completed tick box should lead to the prescribed evidence, rather than serve as the only record.

Test an exception case as well as a straightforward one. Ask recruiters to demonstrate the escalation route when the expected evidence is unavailable or the proposed work differs from what the result appears to permit.

  • Record the method, checker, check date and evidence reference consistently.
  • Ask who receives a restriction that affects scheduling or duties.
  • Review whether a required follow-up was assigned and subsequently completed.

Suggested manager handover

Give the operational manager the information needed to plan lawful work through an approved internal channel. Explain which proposed changes should return to the reviewing team, such as hours, duties or an unresolved status event. Keep sensitive identity evidence within the authorised record system.

Inspect how agency, supplier and other working arrangements reach the review process under the current scope. The business label on an invoice may not answer the applicability question. Record the arrangement and obtain a competent decision instead of letting procurement and HR each assume the other has checked it.

Fictional practice scenario

A fictional employer recruits two applicants for the same shift role. One completes the expected online route; the other reports a technical problem. The recruiter records the problem, follows the approved escalation process and keeps the applicants' evidence requirements tied to the permitted methods.

The exercise tests consistent treatment and decision ownership. It does not infer either applicant's immigration status or authorise a start while an important question remains unresolved.

Primary sources & review

  1. Right to work checks: an employer’s guidePublisher update: 1 October 2026 · Checked 4 November 2026
  2. Employer’s right to work checklistPublisher update: 1 October 2026 · Checked 4 November 2026
  3. Code of practice: avoiding unlawful discrimination while preventing illegal workingPublisher update: 1 October 2026 · Checked 4 November 2026

Sources checked on 4 November 2026. Open the current official text before making a report or decision. Working suggestions on this page are internal control recommendations unless expressly identified as an official requirement.

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