Every UK employer must check that a new hire can legally work — get it wrong and the fines are steep. This 2026 guide explains how online right-to-work checks work, what gives you a “statutory excuse”, what to do when there’s no share code, and the penalties for non-compliance.
What is a right to work check?
It’s the check an employer must complete before employment starts to confirm a person is allowed to work in the UK. Doing it correctly gives you a statutory excuse — a defence against a civil penalty if the worker later turns out to be working illegally.
Online checks (share codes)
Most non-British, non-Irish workers now prove their status digitally. The worker generates a right-to-work share code (a 9-character code, valid 90 days) from their UKVI account. You then enter the code and the worker’s date of birth on the GOV.UK employer checking service (view-right-to-work) and keep a copy of the result. A right-to-work code starts with W.
British and Irish citizens
They can’t get a share code. Check their passport manually, or use a certified Identity Document Validation Technology (IDVT) provider for British/Irish passport holders.
When there’s no share code
If a worker can’t provide one, use an appropriate alternative — a manual document check, or the Employer Checking Service for a Positive Verification Notice, depending on their circumstances.
Penalties
Skipping or botching the check removes your statutory excuse and exposes you to civil penalties of up to £60,000 per worker for repeat breaches — one reason right-to-work compliance sits at the heart of sponsor duties.
Frequently asked questions
What is a right to work check?
A check an employer must complete before employment starts to confirm a person can legally work in the UK.
How do online right to work checks work?
The worker generates a share code from their UKVI account; the employer enters it with the worker’s date of birth on GOV.UK to view their status.
What gives an employer a statutory excuse?
A correct online or manual check carried out before employment begins protects the employer from a civil penalty.
What if the worker has no share code?
Use a manual document check, or the Employer Checking Service for a Positive Verification Notice, depending on their circumstances.
What’s the penalty for getting it wrong?
Civil penalties of up to £60,000 per worker for repeat breaches.
How long is a right to work share code valid?
90 days from the date it’s generated.
