Right to work checks: can someone else do them for you?

Key takeaways

Can you outsource right to work checks? Partly. A certified identity service provider (IDSP) can carry out digital checks for British and Irish citizens with valid passports, and an outsourced HR team can manage the process. But the employer stays responsible for the check being correct and completed before work starts. Civil penalties reach £60,000 per illegal worker.

• Check before employment starts, every time.
• IDSPs can do digital checks for British and Irish passports.
• Others usually need the Home Office online check with a share code.
• The employer stays liable, with penalties up to £60,000 per worker.

Why does responsibility stay with the employer?

Because the law places the duty on the employer, and only a correct check made before employment gives a statutory excuse against a civil penalty. Home Office guidance makes clear that using an IDSP does not remove the employer's responsibility to make sure the check is done properly.

• Which business processes should you never outsource?
• You can outsource the work, never the accountability

Which methods can employers use?

The right method depends on the person's documents and status.

• Manual check of original documents in the person's presence.
• Digital check through a certified IDSP for eligible passports.
• Home Office online check using a share code.
• Employer Checking Service where status cannot be confirmed.

• New starter admin: get employees productive from day one
• Recruitment admin outsourcing: hire faster with less effort

What can an outsourced team do?

Collect documents or share codes, run online checks, use an IDSP, record dated copies, set reminders for follow-up checks on time-limited permission and keep the records for the required period. A named manager reviews and approves each check before the start date.

• Keep the decision, outsource the admin around it
• Employee records: keep them complete, lawful and current

What records must you keep?

A clear copy or record of the check, the date it was made, and for time-limited permission, follow-up checks. Keep records for the employment and for two years after it ends, stored securely as personal data.

• Data controller duties you cannot outsource

What does this look like in practice?

A pattern we see: a busy manager lets a new starter begin 'while the paperwork catches up'. A rule that the outsourced team confirms the check is complete before any start date removes that risk.

• See client work
• BPO Solutions for UK businesses

Right to work checklist

• Check before the first day of work.
• Use the right method for each person.
• Record the date and keep copies securely.
• Diary follow-up checks for time-limited permission.
• Have a manager approve each check.

• Who can sign contracts on behalf of your company?
• Companies House filings: your accountant files, you answer

Next step

Pick five current employees and check you can find a dated right to work record for each within five minutes.