Right to Work Checks: A Security Employer’s Complete Guide

For ACS compliance, this is important. Employing someone who does not have the right to work in the UK is a criminal offence carrying penalties of up to £45,000 per illegal worker and potential imprisonment. For security companies, where trust and compliance are fundamental, getting right to work checks right is non-negotiable.

When to Conduct Checks

Right to work checks must be completed before the individual starts employment. There is no grace period. You cannot allow someone to begin work while their check is being processed. For workers with time-limited right to work, follow-up checks must be conducted before their permission expires.

The check must be conducted in the presence of the individual — you need to see the original documents, not copies. Since April 2022, the Home Office Online Right to Work Checking Service is the preferred method for individuals with biometric residence permits or eVisas.

Acceptable Documents

The Home Office publishes two lists of acceptable documents. List A documents prove an ongoing right to work and include a UK or Irish passport, a certificate of registration or naturalisation as a British citizen, and certain immigration documents showing indefinite leave to remain. List B documents prove a time-limited right to work and require follow-up checks before expiry.

The Three-Step Check

Every right to work check follows three steps: obtain the original document from the individual, check it is genuine and relates to the person presenting it (checking photographs, dates of birth, and expiry dates), and make and retain a clear copy with a record of the date the check was made.

Digital copies are acceptable provided they are clearly legible and stored securely. Many companies now use HR management systems that prompt for follow-up checks on time-limited permissions automatically.

Avoiding Discrimination

You must conduct right to work checks on all prospective employees equally, regardless of their nationality, ethnicity, or appearance. Checking only individuals who appear to be foreign nationals is discriminatory and can result in employment tribunal claims. Apply the same process consistently to every new hire.

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