Right-to-Work Documentation Tracking Guide
Evidence that every worker on a construction site has the legal right to work in the United Kingdom.
Book a Free Setup CallWho Needs Right-to-Work Documentation?
If you manage subcontractors in these trades, you need to track this document for each of them.
What Are Right-to-Work Documentation?
Right-to-work documentation is the evidence an employer must obtain and retain to prove that every person they employ has the legal right to work in the UK. This includes checking original documents such as UK or Irish passports, biometric residence permits, or share codes from the Home Office online checking service. Employers must check documents before employment begins, take copies, and record the date of the check. For workers with time-limited immigration status, follow-up checks are required before their permission expires. Since April 2022, the Home Office online checking service has replaced physical document checks for holders of biometric residence permits, biometric residence cards, and frontier worker permits.
Why Right-to-Work Documentation Matter
Employing someone who does not have the right to work in the UK can result in civil penalties of up to £60,000 per illegal worker (increased from £45,000 in 2024). Repeat offences can result in criminal prosecution and imprisonment of up to five years. For construction contractors, right-to-work failures can also trigger HMRC investigations, loss of SSIP accreditation, and exclusion from public sector frameworks. Main contractors are increasingly conducting right-to-work spot checks on subcontractor teams during site visits, and a single failure can result in the entire subcontractor team being removed from site pending a full workforce review.
This guide is for informational purposes only. ContractorVault does not provide compliance advice, certify documents, or approve compliance status. Always consult a qualified professional for specific regulatory requirements.
What You Need to Know
UK Regulation
Immigration Act 2016(external link)Review Frequency
Before employment starts, follow-up checks before time-limited permission expires
Related Documents
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Frequently Asked Questions — Right-to-Work Documentation
What documents prove right to work in the UK?
Acceptable documents include a UK or Irish passport, a biometric residence permit, a frontier worker permit, or a share code from the Home Office online checking service (for EU Settlement Scheme holders and others). The full list of acceptable documents is published in the Home Office employer guidance.
Can you use the Home Office online checking service instead of checking physical documents?
Yes, for individuals who have a share code (such as EU Settlement Scheme holders, BRP holders, or those with e-visas), you must use the Home Office online checking service. Physical document checks are not accepted for these individuals — the online check is the required method.
How long must right-to-work records be kept?
Employers must keep copies of the documents checked and a record of the date the check was made. Records should be kept for the duration of employment and for 2 years after employment ends. Keep both electronic and paper copies in a secure location.
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