Understanding Right to Work Checks
A Right to Work (RTW) check is a legal obligation for all UK employers. Before employing anyone, you must verify they have the legal right to work in the UK. For sponsor licence holders, RTW checks carry additional weight — they are a core compliance requirement that directly impacts your LuwaScore™ and audit readiness. Failing to conduct proper RTW checks can result in civil penalties of up to £45,000 per illegal worker and criminal prosecution.
Important: RTW checks must be completed before the employee's first day of work. You cannot retrospectively establish a statutory excuse.
The statutory excuse protects you from civil penalties if it later transpires that the worker did not have the right to work, provided you conducted the check correctly and on time.
The Three Types of RTW Check
There are three accepted methods for conducting a Right to Work check:
- 1
Manual document check — The employee presents original documents from List A or List B of acceptable documents. You must check the documents in the presence of the holder, confirm they are genuine and belong to the person, and take and retain clear copies.
- 2
Online Share Code check — For individuals with a Biometric Residence Permit, Biometric Residence Card, or those with status under the EU Settlement Scheme. The employee provides a Share Code via the Gov.uk service, which you verify online.
- 3
IDSP (Identity Document Validation Technology) check — Available for British and Irish citizens only. Uses certified Identity Service Providers to verify identity documents digitally.
Step-by-Step: Conducting a Manual RTW Check
Follow these steps precisely to establish a statutory excuse:
- 1
Obtain original documents from the worker — accept only documents from the official Home Office lists (List A or List B).
- 2
Check documents in the presence of the holder — verify the photo matches, the date of birth is consistent, and documents are not visibly tampered with.
- 3
Check expiry dates — ensure documents are current and valid for the type of work being offered.
- 4
Take a clear copy of each document — this can be a photocopy or a scanned digital copy. For passports, copy any page with the holder's details and any endorsements.
- 5
Record the date of the check — this is essential for establishing the statutory excuse. Note the exact date the check was performed.
- 6
Store copies securely — retain for the duration of employment plus two years after employment ends.
Follow-Up Checks
If a worker has time-limited permission to work in the UK (List B documents), you must conduct follow-up checks before their permission expires. For sponsored workers, this typically aligns with visa expiry dates. Failure to conduct timely follow-up checks means you lose your statutory excuse from the date the check was due. LuwaSuite automatically calculates follow-up check dates and sends alerts at 90, 60, and 30 days before expiry.
Common RTW Check Mistakes to Avoid
Avoid these frequently observed errors:
- Accepting photocopies or digital images instead of original documents
- Not recording the date the check was performed
- Conducting the check after the employee's start date
- Failing to check documents in the presence of the holder
- Not conducting follow-up checks before time-limited permission expires
- Treating different nationalities differently (this constitutes discrimination)
- Accepting expired documents without recognising they need renewal
How LuwaSuite Streamlines RTW Checks
LuwaSuite integrates RTW check management directly into your compliance workflow. The platform tracks initial and follow-up check dates, stores document copies securely, and automatically flags when action is needed. Share Code verification can be logged directly in the system, and every check creates an immutable audit trail entry. The LuwaScore™ Domain A (Right to Work & Identity) score updates in real-time based on your RTW check status.