Do Employers Still Need to Carry Out Right to Work Checks on British and Irish Nationals?

As an employer, ensuring that every individual you employ has the legal right to work in the UK is a fundamental responsibility.  Right to work checks remain a legal requirement for all employees regardless of nationality.

Why Right to Work Checks Apply to Everyone

The law requires employers to verify the right to work for every new employee.  This includes British and Irish citizens.  While they are not subject to immigration control, failing to check documents could expose your business to risk, both legally and financially.

Skipping checks for certain nationalities could also be considered discriminatory.  Applying the same processes to all candidates ensures fairness and consistency in your recruitment practices.

Legal Risks of Non-Compliance

Employing someone who does not have the legal right to work in the UK can result in serious penalties:

• Up to £45,000 per illegal worker for a first offence
• Up to £60,000 per illegal worker for repeat offences

These fines are enforced by the Home Office and ignorance of an employee’s true status is not a valid defence if checks were not carried out properly.

How Employers Can Conduct Right to Work Checks

There are two approved methods for verifying an employee’s right to work:

1.Manual Document Check

• Meet with the employee in person
• Inspect their original documents (e.g. passport or birth certificate)
• Take a copy and record the date of the check
• Retain the copy securely for the duration of employment plus two years

Note- scanned copies or photos are not sufficient – you must see the original document.

2.Digital Check via an Identity Service Provider (IDSP)

For British and Irish passport holders, employers can use a government certified IDSP to carry out digital checks using Identification Document Verification Technology (IDVT). This is especially useful for remote onboarding and helps streamline compliance.

You can find certified providers and guidance here:

Digital identity certification for right to work, right to rent and criminal record checks – GOV.UK

Find registered digital identity and attribute services – GOV.UK

These resources list approved providers and explain how to choose one that suits your organisation’s needs.

What Employers Should Do Now

If you’re hiring or reviewing your onboarding procedures, make sure your team understands that right to work checks are mandatory for all employees, including British and Irish nationals.  This protects your business from enforcement action and ensures a fair and consistent approach to recruitment.

Consider reviewing internal policies, training staff on the correct procedures and exploring digital verification options if you regularly hire remotely.

If we process your payroll, our Payroll Team at Johnston Smillie are always happy to answer any questions you may have on this subject.

Photo by Ethan Wilkinson on Unsplash