Purpose and Scope
This procedure sets out how to verify and record every new starter’s legal right to work before they begin employment.
- It applies to all prospective and existing employees across all employment types (permanent, fixed-term, part-time, and casual) at every site.
- There are no exceptions for internal referrals, returning staff, or candidates known personally to hiring staff.
- Complete and record all checks before the employee performs any work. State clearly in conditional offer letters that employment depends on a satisfactory check.
- This procedure covers follow-up checks for employees with time-limited work permission.
- For staff joining through business transfers or acquisitions, complete checks within applicable statutory timescales.
- For agency staff, [Role] must get written confirmation from the supplying agency that compliant checks are complete.
- Apply these checks consistently to all candidates regardless of nationality or ethnicity.
Working through related paperwork at the same time? See also our Job Description, Offer Letter and Written Statement of Employment Particulars.
Roles and Responsibilities
- Checking Officer ([Role]): Performs the verification check, creates compliant copies, records the result, and confirms completion before authorizing a start date.
- Procedure Owner ([Role]): Maintains this procedure inline with statutory guidance, manages the follow-up diary, and acts as the main escalation point for unresolved cases.
- Hiring Managers: Ensure no candidate starts work until [Role] confirms that the check is complete and recorded.
Verification Route Selection
Before running a check, pick the correct route based on the candidate’s status:
- Manual Check: For physical documents listed on the government’s standard list of acceptable documents.
- Online Check: For candidates with a digital immigration status (such as an eVisa), using an official government share code.
- Digital Identity Check: For eligible British and Irish citizens with a valid passport, using a certified Identity Service Provider (IDSP) where configured by [Organisation Name].
Note: Do not accept photocopies, photographs, or candidate-provided screenshots under any route.
Manual Document Check Procedure
- Request original, acceptable physical documents from the candidate before their first day of work.
- Examine the original documents directly in front of the candidate, or over a live video link while holding the physical originals.
- Check that photographs and dates of birth match the candidate’s appearance.
- Check document validity. Look for signs of tampering, confirm consistent name spellings, and request supporting documents (like marriage certificates or deed polls) for any name changes.
- If work permission is time-limited or restricted, record the expiry date and exact conditions. Confirm the job role complies with these restrictions.
- Make a clear, unalterable copy of each document. Capture all personal details, photos, vignettes, and permission stamps.
- Endorse the copy with the check date and the officer’s name using this format: “Checked on [Date] by [Role/Name]”.
- Return original documents to the candidate, store endorsed copies in [System/Location], and log any follow-up dates in the follow-up diary.
Online and Digital Check Procedure
- Obtain a valid share code and date of birth from the candidate.
- Access the government checking portal directly. Never accept screenshots or documents provided by the candidate.
- Check that the photo on the online profile matches the candidate in person or on a live video call.
- Confirm the online status permits this type of work, noting any expiry dates or conditions.
- Save the profile output as a PDF or unalterable image, endorse it with “Checked on [Date] by [Role/Name]”, and upload it to [System/Location].
- For digital checks using a certified IDSP, run the provider’s verification process, check that the output matches the individual, and file the certified output in [System/Location].
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Follow-up Checks Procedure
- Log all time-limited work permissions in the follow-up diary as soon as you complete the initial check.
- [Role] reviews the follow-up diary [Frequency] and starts re-check procedures at least [Number] weeks before document expiry.
- If a follow-up check is not complete before permission expires, notify [Role] immediately. Stop the employee from working until their status is formally verified.
Non-Standard and Exception Handling
- Candidate with Outstanding Application or Appeal: If a candidate cannot provide acceptable documents due to a pending application or appeal, hold their start date. Submit a request to the official Employer Checking Service. They may only start work once you receive a Positive Verification Notice. Log any follow-up dates listed on the notice.
- Failed Check or Missing Right to Work: Do not employ the candidate. Keep all gathered evidence, notify [Role], and issue written notice that the application cannot proceed.
- Existing Employee Permission Expiration or Failure: Immediately suspend the employee, escalate to [Role], and get specialist advice before starting formal termination steps.
- Discovered Omission: If you find a current employee without a verified check, run a standard check immediately, log the result in [System/Location], and escalate the issue to [Role].
Records Retention
- [Organisation Name] keeps document copies, online verification outputs, check dates, checker details, restriction notes, and follow-up schedules for all staff.
- Store all records securely in [System/Location].
- Keep records for the full duration of employment, plus the statutory post-employment retention period required by law.
Procedure Review
[Role] reviews this procedure every [Frequency] to stay compliant with updated statutory requirements and official guidelines.
FAQs on Right to Work Check Procedure
What is a right to work check procedure?
A right to work check procedure sets out how to verify and record every new starter’s legal right to work before they begin employment.
Having it written down means the same rules apply to everyone, so managers are not making judgement calls case by case under pressure.
What does a right to work check procedure include?
This template covers verification route selection, manual document check procedure, online and digital check procedure and follow-up checks procedure.
Every section is written to be filled in. The bracketed placeholders mark the decisions that are yours to make, such as timescales, approval owners and retention periods.
How to implement a right to work check procedure with Whale
Copy this template into Whale and work through the bracketed placeholders so it reflects how your organisation actually operates.
Assign it to the teams it applies to so it sits where people work rather than in a shared drive, and set a review date so it gets revisited on schedule instead of quietly going out of date.
Use our templates to fast-track your documentation
Customize this template and 100s of others for free in Whale, the fastest way to get your team aligned.
