Right to Work Checks for Construction Workers
A complete guide for construction employers and contractors — covering what checks are required, which documents are accepted, digital verification, and what happens when you get it wrong.
What Is a Right to Work Check?
A right to work check is a legal obligation placed on all UK employers — including construction contractors — before engaging any worker. The purpose is to verify that a worker has permission to work in the United Kingdom, whether as a British or Irish citizen, a settled or pre-settled EU/EEA national, or a person holding a valid visa or leave to remain.
The check must be conducted before the worker starts employment — not after. Retrospective checks do not provide a statutory excuse in the event of a breach.
Under the Immigration, Asylum and Nationality Act 2006 and subsequent Home Office guidance, employers who fail to carry out compliant checks — or who knowingly employ illegal workers — face civil penalties of up to £60,000 per worker (as of 2024) and potential criminal prosecution.
Construction sites are a Home Office enforcement priority. Spot checks at construction sites are common. An employment agency that conducts right to work checks on your workforce provides a layer of compliance protection — if the agency is the legal employer, they hold primary responsibility for the checks.
Who Is Responsible for Right to Work Checks?
The employer — the entity that pays the worker and controls their engagement — is responsible for the right to work check. In practice, this depends on how the worker is engaged:
Direct Employment (PAYE)
If you take a worker onto your own payroll directly, your company is the employer and is fully responsible for conducting, documenting, and retaining right to work records.
Via a Recruitment Agency (Umbrella PAYE)
When workers are engaged through an agency (or umbrella company) as the legal employer, the agency holds primary responsibility for right to work checks. Phoenix Gray conducts checks on every worker before placement.
Self-Employed / Subcontract (CIS)
Sole traders and self-employed subcontractors do not require a right to work check by the hiring contractor — they are not employees. However, if they are falsely classified as self-employed, liability may transfer to the engaging party.
Limited Company / PSC
Workers operating via their own limited company are not employees of the contractor. No right to work check is required by the contractor — but IR35 assessment responsibilities apply.
Important: Even when using an agency, some principal contractors require evidence that a right to work check has been conducted before allowing a worker onto site. Phoenix Gray provides confirmation of all compliance checks as standard.
What Documents Are Accepted for Right to Work Checks?
The Home Office publishes a list of acceptable documents divided into List A (unlimited right to work — single check) and List B (time-limited right to work — follow-up check required).
List A — Unlimited Right to Work (Single Check Only)
- UK passport (current or expired)
- Irish passport or passport card
- UK Biometric Residence Permit (BRP) — 'Indefinite Leave to Remain' or 'No Time Limit'
- UK Birth or Adoption Certificate + proof of NI number
- UK driver's licence + NI letter + Birth certificate (combination)
- Home Office eVisa (Settled Status under EU Settlement Scheme)
- Certificate of registration / naturalisation as British citizen + proof of NI
List B — Time-Limited Right to Work (Follow-Up Check Required)
- Current UK BRP with leave expiry date (work visa, student visa etc.)
- Current UK or Irish passport with visa/vignette entry stamp
- Home Office eVisa (Pre-Settled Status under EU Settlement Scheme)
- Certificate of Application from the Home Office (while leave is pending)
- Positive Verification Notice from Employer Checking Service
Note: From 1 January 2021, EU/EEA nationals who have not been granted Settled or Pre-Settled Status no longer have an automatic right to work in the UK. A valid eVisa or other listed document is required.
Digital Right to Work Checks: Home Office Share Code
Since 2021, many workers can prove their right to work digitally using the Home Office online checking service, bypassing the need for physical documents. This is now the primary method for:
- EU/EEA nationals with Settled or Pre-Settled Status (eVisa)
- Workers with a Biometric Residence Permit (BRP)
- British and Irish nationals who have a UK Visas and Immigration (UKVI) account
How the Share Code Process Works
- 1. Worker visits gov.uk/view-prove-immigration-status and generates a 9-character share code
- 2. Worker shares the code and their date of birth with their employer or agency
- 3. Employer visits gov.uk/check-immigration-status and enters the share code + date of birth
- 4. The result screen confirms right to work status and any conditions
- 5. Employer takes a screenshot or prints the result page and retains it on file
How to Conduct a Manual Right to Work Check
For physical documents (passports, BRPs), the three-step manual check process is:
Ask the worker to provide their original documents from the Home Office list. You cannot insist on a particular document type — you must accept any from the list.
Check the documents in the worker's presence. Verify they are genuine, unaltered, and belong to the person. Check photos match, expiry dates, and any conditions of employment.
Make a clear copy of each document (all pages with info) and retain it securely — either physically or digitally. Note the date of the check. Retain for the duration of employment plus 2 years.
Retention: Right to work records must be retained for the duration of employment plus 2 years. If a worker is not hired, retain for 2 years from the date of the check.
Penalties for Non-Compliance
Civil Penalty
Up to £60,000
per illegal worker for repeat breaches. First-time breaches up to £45,000. Penalty is reduced for employers who can show partial compliance steps were taken.
Criminal Conviction
Up to 5 Years
imprisonment for employers who knowingly employ illegal workers. Also possible: unlimited fine, director disqualification, and seizure of business assets.
A statutory excuse is established when you have conducted the check correctly and in good faith. If a worker provides false documents that appear genuine on the face of it, a correctly conducted check gives the employer a defence.
How Phoenix Gray Handles Right to Work Compliance
When you hire construction workers through Phoenix Gray Recruitment, we act as the legal employer — taking on full responsibility for right to work checks, CSCS card verification, and ongoing compliance. Our compliance process for every worker includes:
- Right to work check conducted before first shift — document or digital share code
- CSCS card verified for grade, trade, and expiry date
- Worker identity confirmed against CSCS card and RTW documents
- Records retained and available for audit on request
- Follow-up reminder process for time-limited permissions
We are a Constructionline Silver Member and Professional Passport Agency Member — both frameworks audit our compliance processes independently.
Frequently Asked Questions
Are construction agencies responsible for right to work checks?
When workers are engaged via a recruitment agency as the employer, the agency is legally responsible for conducting and retaining right to work checks — not the host site. Phoenix Gray conducts right to work checks on every worker before placement.
What documents are accepted for a right to work check in the UK?
Acceptable documents include a UK passport, a Biometric Residence Permit (BRP), a UK driver's licence with additional evidence, or a digital share code from the Home Office online checking service. The full list is contained in the Home Office List A and List B.
Can I hire a worker with a time-limited right to work?
Yes — provided the worker holds a valid visa or leave to remain at the time of the check, you have a statutory excuse. A follow-up check must be conducted when the permission approaches expiry.
What is the penalty for employing someone without the right to work?
The civil penalty is up to £45,000 per worker for a first breach (as of 2024), rising to £60,000 per worker for repeat breaches. Criminal prosecution is possible in cases of deliberate non-compliance.
What is a Home Office share code?
A share code is a 9-character code generated by the worker through the Home Office online portal (gov.uk/view-prove-immigration-status). The employer enters this code along with the worker's date of birth to verify right to work status digitally.
Do right to work checks apply to self-employed subcontractors?
No — right to work checks apply to employment relationships only. Genuine self-employed individuals working under a subcontract (CIS) arrangement do not require a right to work check from the engaging contractor. However, misclassification of employees as self-employed transfers the risk back to the contractor.