The legal obligation
Section 15 of the Immigration, Asylum and Nationality Act 2006 makes it a civil offence to employ a person aged 16 or over who does not have permission to work in the UK. Section 21 creates a criminal offence where the employer knew or had reasonable cause to believe the worker did not have the right to work.
Carrying out a compliant right to work check before employment starts provides a statutory excuse - if the check was done correctly and the documents appeared genuine, the employer is not liable for the civil penalty even if the worker later proves to have no right to work.
The check must be done before employment starts. A check done after someone has begun work does not provide the statutory excuse.
Who must be checked
The checking obligation applies to all employees and workers regardless of their nationality, background, or how long they have lived in the UK. You cannot selectively check only workers who appear to be from overseas - that would be discriminatory under the Equality Act 2010.
In practice on a construction site, this means checking:
- All directly employed workers before their first day on site
- Agency workers - though here the obligation typically rests with the agency, not the end-user contractor (see below)
- Fixed-term and casual workers
The right to work check applies regardless of the worker's role - labourers, skilled tradespeople, site managers, and office staff all need to be checked.
Acceptable documents
Home Office guidance sets out acceptable documents in two lists:
List A - documents confirming permanent right to work (check once only):
- UK or Irish passport (including expired passports for British and Irish nationals)
- UK biometric residence permit (BRP) - if it shows unlimited leave or the right to work permanently
- UK birth or adoption certificate combined with a National Insurance number document (NI letter, P45, or P60) confirming the person can work
- Certificate of registration or naturalisation as a British citizen
- EU Settlement Scheme settled status - verified via the online service, not by a physical document
List B - documents confirming time-limited right to work (repeat checks required):
- A current passport or BRP showing time-limited permission to stay and work
- EU Settlement Scheme pre-settled status - verified via the online service
- A visa or other document showing current permission to work
The full lists are published in the Home Office Employer's Guide to Right to Work Checks, available at gov.uk. Always check the current version - the lists are updated when immigration rules change.
The online checking service
For most workers who are not British or Irish nationals, the online Home Office right to work checking service at gov.uk/view-right-to-work is now the primary checking route. The worker generates a share code. The employer enters the share code and the worker's date of birth on the online service to view their immigration status and right to work.
The online service provides a real-time view of the worker's status. Take a screenshot or download the confirmation at the time of the check, noting the date. This is your record of the check.
Subcontractors and agency workers
Subcontractor workers
On a construction site with multiple subcontractors, each subcontractor is responsible for carrying out right to work checks for their own employees before employment starts. The principal contractor is not directly responsible for the right to work status of subcontractor workers under the employment law framework.
However, the principal contractor can face liability if they have reasonable cause to believe illegal working is occurring on their site and fail to take reasonable steps. It is good practice to include a requirement in subcontractor contracts that the subcontractor will carry out compliant right to work checks for all their workers and will provide evidence on request.
Agency workers
Where workers are supplied through an employment agency, the right to work checking obligation rests with the agency as the employer. However, the principal contractor should confirm in writing with the agency that they will carry out right to work checks for all workers supplied. Keep a copy of that confirmation.
If a construction company treats workers as self-employed subcontractors but exercises significant control over how and when they work, HMRC and the courts may determine they are actually employed - which would mean the right to work checking obligation falls on the company. Employment status in construction is a complex and frequently litigated area.
What records to keep
For each right to work check, you must retain:
- A clear copy of the document checked - both sides of a BRP or biometric residence card, the photo page of a passport
- For online checks - a screenshot or download of the online service confirmation, with the date visible
- The date the check was carried out
- For time-limited documents - the date the permission expires, and a reminder to carry out a follow-up check before that date
Records must be kept for the duration of employment and for two years after employment ends. Store them securely and ensure they are accessible only to those with a legitimate reason to see them. These records contain personal data and are subject to UK GDPR.
Repeat checks for time-limited permissions
Workers with time-limited permission to work (List B documents) require a follow-up check before their permission expires. The follow-up check must be carried out no later than the expiry date of the permission. If the worker's permission has expired and a follow-up check has not been completed, you no longer have a statutory excuse for employing them.
On a site with dozens of workers with varying expiry dates, tracking follow-up check dates manually creates risk of missing them. Maintaining a central record of who has time-limited permissions and when follow-up checks are due is essential.
Penalties
The civil penalty for employing a person without the right to work in the UK is up to £60,000 per illegal worker from January 2024. This applies even if you were unaware the worker had no right to work, unless you can demonstrate a compliant right to work check was carried out before employment started.
Criminal prosecution under Section 21 of the Immigration, Asylum and Nationality Act 2006 is possible where an employer knew or had reasonable cause to believe a worker did not have the right to work. The maximum sentence is five years' imprisonment and an unlimited fine.
An employer found guilty can also be publicly named by the Home Office, and immigration enforcement activity on a construction site is visible to clients, main contractors, and other workers. The reputational consequences can be significant.
Right to work and site access
Right to work is one of the records that CDM 2015 requires principal contractors to maintain evidence of for their workforce. See our guide to CDM 2015 site records for the full picture of what records are required.
On a practical level, the right to work check happens before employment starts - not at the site gate. A worker arriving on site for the first time should already have had their right to work verified by whoever employed them. The site access process should confirm that the worker has a valid CSCS card, has completed the site induction, and is authorised to access the site. AttendIQ manages worker registration, induction, CSCS verification, and access control in a single workflow - so compliance records are complete from day one on site.
Frequently asked questions
Who is responsible for right to work checks on a construction site?
Each employer is responsible for checking the right to work of their own employees before employment begins. On a multi-contractor site, each subcontractor checks their own workers. The principal contractor is not directly responsible for subcontractor workers but should include right to work compliance requirements in subcontracts and confirm these are met.
What documents are acceptable for a right to work check in the UK?
Acceptable documents include UK or Irish passports, biometric residence permits, EU Settlement Scheme status verified via the online service, share codes for workers with digital immigration status, and other documents listed in the Home Office List A and List B guidance. The current full list is published at gov.uk.
What is the penalty for employing someone without the right to work?
The civil penalty is up to £60,000 per illegal worker from January 2024. Criminal prosecution is possible where the employer knew or had reasonable cause to believe the worker had no right to work, with a maximum sentence of five years' imprisonment. A compliant right to work check carried out before employment starts provides a statutory excuse against the civil penalty.
Do right to work checks apply to self-employed subcontractors?
The right to work obligation applies to employees and workers under a contract of service. Genuinely self-employed contractors are not subject to the same employer obligation. However, the distinction between employed and self-employed on construction sites is complex and frequently challenged. If there is doubt about employment status, take independent advice before assuming the check is not required.
How long must right to work records be kept?
Right to work records must be kept for the duration of employment and for two years after employment ends. Records should include a copy of the document checked, the date the check was carried out, and evidence of how it was completed.
What is a share code for right to work purposes?
A share code is a nine-character code generated by the worker through UK Visas and Immigration. The employer enters it with the worker's date of birth on the online right to work checking service to view their status. Share codes are valid for 30 days from generation. This is the primary checking route for workers who are not British or Irish nationals.
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