Right to work checks are a legal requirement for every employer in the UK — and the care sector is no exception. With significant numbers of international workers across the workforce, and serious consequences for non-compliance, getting right to work checks right is essential for every care provider. This guide explains everything you need to know.
In This Guide
- What is a Right to Work Check?
- Why Right to Work Checks Matter in Care
- Who Needs a Right to Work Check?
- How to Carry Out a Right to Work Check
- Acceptable Documents
- The Online Right to Work Check and Share Code
- Follow-Up Checks for Time-Limited Workers
- Penalties for Non-Compliance
- Right to Work and DBS Checks — Understanding the Difference
- How CareAdmin Helps
- Frequently Asked Questions
What is a Right to Work Check?
A right to work check is a process carried out by an employer to verify that a person has legal permission to work in the United Kingdom. Under the Immigration, Asylum and Nationality Act 2006, it is a legal obligation for all UK employers to check that every person they employ has the right to work in the UK before they start work.
Carrying out a compliant right to work check provides the employer with a statutory excuse against a civil penalty if it is later found that an employee does not have the right to work in the UK. Failing to carry out the check — or carrying it out incorrectly — removes this protection entirely.
Why Right to Work Checks Matter in the Care Sector
The adult social care sector employs a significant proportion of workers from overseas. According to Skills for Care, international recruitment has become an increasingly important part of meeting workforce demand across adult social care in England. This makes robust right to work checking more critical than ever.
For care providers, right to work checks are also increasingly scrutinised by the Care Quality Commission (CQC) as part of the Safe and Well-Led key questions during inspection. Gaps or errors in pre-employment checks — including right to work — can affect your inspection rating and, in serious cases, result in regulatory action.
Important: Right to work checks must be carried out before employment begins. Retrospective checks do not provide a statutory excuse against a civil penalty.
Who Needs a Right to Work Check?
Every single person you employ — regardless of their nationality, the length of their contract, or how many hours they work — requires a right to work check before starting. This includes:
- Full-time and part-time permanent employees
- Fixed-term or temporary employees
- Agency workers (the agency should carry out the check, but care providers should confirm this)
- Zero-hours contract workers
- Volunteers in some circumstances
There are no exemptions based on nationality. UK and Irish citizens require the same check as any other worker — the method of verification may differ, but the obligation to check does not.
How to Carry Out a Right to Work Check
There are three accepted methods for carrying out a right to work check in the UK:
1. Manual Document Check
The employer obtains original documents from the employee, checks them in the presence of the holder, and makes and retains clear copies. This method is suitable for British and Irish citizens who hold a valid passport or other listed document.
2. Online Right to Work Check (via the Home Office Checking Service)
For workers who hold a Biometric Residence Permit (BRP), a Biometric Residence Card, or have been granted status under the EU Settlement Scheme (EUSS), the check must be carried out online using the Home Office online right to work checking service. The worker provides a share code, and the employer uses this alongside the worker’s date of birth to view their right to work status.
3. Employer Checking Service (ECS)
Used in specific circumstances — for example, where a person has an outstanding immigration application or appeal, or where a document cannot be verified manually or online. The Employer Checking Service is run by the Home Office and provides a Positive Verification Notice (PVN) if the person has the right to work.
Acceptable Documents for a Right to Work Check
The Home Office employer’s guide to right to work checks sets out two lists of acceptable documents:
| List A — Unlimited Right to Work | List B — Time-Limited Right to Work |
|---|---|
| UK or Irish passport (current or expired) | Current passport showing a time-limited visa or endorsement |
| UK birth or adoption certificate + National Insurance evidence | Current Biometric Residence Permit |
| Certificate of registration or naturalisation as a British citizen | Positive Verification Notice from the Employer Checking Service |
| Irish passport card | Frontier Worker permit |
List A documents confirm an unrestricted, permanent right to work. List B documents indicate a time-limited right to work, meaning follow-up checks will be required. Always refer to the Home Office guidance for the most up-to-date and complete lists.
The Online Right to Work Check and Share Code
Since the UK’s exit from the European Union, workers from EU, EEA, and Swiss nationals who have been granted status under the EU Settlement Scheme (EUSS) can no longer use their physical passport or national identity card to evidence their right to work. Their right to work status is held digitally and must be verified using the Home Office online checking service.
The process works as follows:
- The worker generates a share code via the government’s right to work service
- The worker provides the share code and their date of birth to the employer
- The employer enters these details into the Home Office checking service to view the worker’s right to work status
- The employer takes a screenshot or printout of the result and retains it on file
Share codes are valid for 90 days. Employers must not ask EU, EEA, or Swiss nationals to prove their right to work using their physical passport or ID card — doing so may constitute discriminatory behaviour.
Note for care providers: Given the volume of EU national workers across the care sector, familiarity with the share code process is essential. Ensure your HR and recruitment teams understand that physical passports alone are no longer sufficient for EU nationals to demonstrate their right to work.
Follow-Up Checks for Time-Limited Workers
Where a worker’s right to work is time-limited — for example, where they hold a visa with an expiry date — the employer must carry out a follow-up right to work check before that expiry date. This is known as a repeat check.
Failing to carry out a follow-up check in time removes the employer’s statutory excuse, even if the original check was carried out correctly. For care providers managing large workforces, keeping track of when each worker’s right to work is due for renewal is a significant administrative challenge.
CareAdmin provides automated reminders for time-limited right to work checks, ensuring nothing is missed and your statutory excuse is always maintained.
Penalties for Non-Compliance
The consequences of employing a person without the right to work in the UK are serious. Employers who fail to carry out correct right to work checks — or who knowingly employ illegal workers — face:
| Offence | Penalty |
|---|---|
| Civil penalty — employing a person without the right to work | Up to £60,000 per illegal worker |
| Criminal offence — knowingly employing an illegal worker | Unlimited fine and/or up to 5 years imprisonment |
| Sponsor licence revocation | Loss of ability to sponsor overseas workers |
For care providers who hold a Skilled Worker sponsor licence — which many now do given international recruitment trends — non-compliance can also result in licence suspension or revocation, with serious consequences for workforce planning.
Right to Work and DBS Checks — Understanding the Difference
Right to work checks and DBS checks are two separate legal requirements, and neither replaces the other. Care providers must carry out both.
| Right to Work Check | DBS Check | |
|---|---|---|
| Purpose | Confirms legal permission to work in the UK | Discloses criminal record history |
| Legal basis | Immigration, Asylum and Nationality Act 2006 | Police Act 1997 / Safeguarding Vulnerable Groups Act 2006 |
| Who carries it out | Employer | Disclosure and Barring Service |
| When required | Before employment begins — all staff | Before employment begins — regulated roles |
For a full breakdown of DBS check requirements in the care sector, see our guide: DBS Checks for Care Providers — A Complete Guide.
How CareAdmin Helps Care Providers Manage Right to Work Checks
CareAdmin is a compliance platform built specifically for the care sector. It brings right to work checks together with your DBS checks, professional registration checks, and social media screening — all in one dashboard, always audit-ready.
- Record and store right to work check outcomes securely
- Automated reminders for time-limited checks approaching expiry
- Full audit trail — everything documented and CQC inspection-ready
- Manage all pre-employment checks for every member of staff from one platform
- Reduce administrative burden and eliminate manual tracking
Whether you manage a single care home or a multi-site operation, CareAdmin gives you the visibility and confidence to stay compliant — without the admin burden.
Ready to take the complexity out of right to work compliance?
Book a free demo today and see how CareAdmin helps care providers stay compliant, inspection-ready, and in control of every pre-employment check.
Frequently Asked Questions
Do I need to carry out a right to work check on British citizens?
Yes. The right to work checking obligation applies to every employee regardless of nationality. A British or Irish passport satisfies the check for a British or Irish national.
Can I carry out a right to work check remotely?
For workers who use the online share code service, checks can be carried out remotely. For manual document checks, Home Office guidance sets out the circumstances in which adjusted or remote checks may be acceptable. Always ensure your process aligns with current guidance.
How long should I keep right to work check records?
You must keep copies of right to work documents for the duration of a person’s employment and for a further two years after employment ends. Records should be stored securely in line with your data protection obligations under UK GDPR.
What if a worker cannot provide any of the acceptable documents?
If a worker cannot provide an acceptable document, you should contact the Employer Checking Service. You must not employ the person until you have received a Positive Verification Notice confirming their right to work.
Does a right to work check replace a DBS check?
No. They are two entirely separate checks with different legal bases and purposes. Care providers are required to carry out both. See our complete guide to DBS checks for care providers for more information.