Right to Work Verification Record

Staffing & recruitmentAll services

A record of right to work checks done the way the Home Office prescribes, so the service has a statutory excuse against illegal working penalties.

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Description

Do care providers need to do a right to work check?

Yes. All UK employers have a legal duty to prevent illegal working, and a right to work check done the way the Home Office prescribes gives you a "statutory excuse". That is your defence against a civil penalty, which can reach £60,000 for each illegal worker. Do the check before the person starts, and do it the same way for all staff, British citizens included.

The record is written for care homes, home care and supported living services.

Choosing the type of check

Do not tell the person which method to use. Part B lets you tick the one that applies, and each leads to its own section:

  1. A manual check of original documents from List A or List B of the Home Office guide, with the holder present in person or by live video

  2. A Home Office online check, using a 9-character share code that begins with W, which is the only route for someone with an eVisa

  3. A check through a digital verification service provider on the official register

  4. The Employer Checking Service, for cases such as an outstanding application or appeal

The manual check follows four steps: get, check, copy and record. Write a dated statement on the copy saying when you made the check, because a date alone is not enough. For an online check, save the profile page as a PDF and never rely on a screen or printout the person shows you.

Outcome and follow-up

Part G records whether the excuse is continuous or time-limited. A time-limited one needs a follow-up check on or before the date permission ends, and Part H keeps those dates in one table. Note any work limits too, such as weekly hours for students in term time, and make sure rotas never break them.

Part I covers concerns. Report false documents to the Home Office. If you find someone is working illegally and keep employing them, you lose the excuse.

Keeping and using the record

Keep the copies and this record securely for the length of employment plus 2 years, then destroy them. The Home Office guide changes, so check GOV.UK for a newer version before each use. You stay liable even when a staff member or outside provider does the check for you.

Applicants are told about right to work checks on the Staff Application Form. Keep the criminal record side on the DBS Check Record & Certificate, and see the Modern Slavery & Human Trafficking Policy for wider concerns about exploited workers.

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