Right to Work Checks in UK Care: What Employers Need to Know

Recruiting a care worker involves more than finding someone with the right experience and qualifications.

Before someone starts work, employers need to make sure they are legally permitted to work in the UK. This is where a Right to Work check becomes an important part of the recruitment process.

For care providers, having a clear and consistent process can help prevent avoidable compliance issues and make onboarding easier for both employers and new staff.

What is a Right to Work check?

A Right to Work check is a check carried out by an employer to confirm that a prospective employee is legally allowed to work in the UK.

The check must be completed before employment begins. Depending on the individual’s circumstances, an employer may carry out a manual document check, use the Home Office online checking service, or use an approved digital verification service.

The process is not simply about collecting a document. Employers need to follow the correct checking procedure and confirm that the individual is permitted to do the work they are being employed to do.

Why does Right to Work matter in care recruitment?

Care providers often have several checks to manage before a new worker can begin.

These may include:

* Right to Work

* DBS checks

* References

* Identity checks

* Qualifications

* Training and certificates

* Recruitment and appointment records

Right to Work is therefore one part of a wider recruitment and compliance process.

Getting it right helps an organisation establish that a worker is legally permitted to work and provides evidence that the required check was completed.

The Home Office states that employers must conduct the appropriate Right to Work check before employing someone. Where a worker’s permission is time-limited, a follow-up check may also be required.

How do employers check someone’s Right to Work?

The method used depends on the individual’s circumstances.

1. Manual document check

Some applicants can prove their Right to Work using eligible original documents.

The employer must check the documents properly, including confirming that they are genuine, belong to the person presenting them and contain consistent information.

The employer should then make and retain a clear copy of the relevant evidence and record when the check was completed.

2. Home Office online check

Some workers can prove their Right to Work digitally.

Where an applicant has an eligible immigration status, they can provide a share code which allows the employer to access their Right to Work information through the Home Office online service.

The employer should use the official service rather than relying on a screenshot or information provided separately by the applicant.

3. Digital verification

Employers may also use an Identity Document Validation Technology (IDVT) provider in circumstances where this type of check is appropriate.

The Home Office provides guidance on the requirements for digital Right to Work checks and certified providers.

What should employers check?

A Right to Work check should establish more than simply who the applicant is.

Where applicable, employers need to confirm:

* The evidence belongs to the person presenting it.

* The documents or digital information are valid.

* The person has permission to work in the UK.

* Their permission covers the work they are being offered.

* There are no relevant restrictions, such as limits on the hours they can work.

* A follow-up check is completed when required.

For example, some workers have time-limited permission. In these cases, employers need a process for identifying when another Right to Work check is due.

What happens if an applicant cannot provide the required evidence?

There are situations where an applicant may not be able to demonstrate their Right to Work through the usual process.

For example, they may have an outstanding immigration application, appeal or review, or may experience an issue accessing their digital status.

In certain circumstances, an employer can use the Home Office Employer Checking Service to request confirmation of the person’s status.

This means an applicant should not automatically be treated as unable to work simply because they cannot provide a standard document or share code.

The correct process depends on their individual circumstances.

Don’t forget about follow-up checks

A Right to Work check does not always end on the employee’s first day.

If an employee has time-limited permission to work, the employer may need to carry out another check before that permission expires.

This is why keeping accurate records and having reminders in place can make a difference.

Without a system for tracking expiry dates, it can be easy for a follow-up check to be overlooked.

Right to Work checks should be consistent

Employers should carry out Right to Work checks consistently across their recruitment process.

A person should not be selected for a Right to Work check simply because of their nationality, accent, appearance or assumptions about their immigration status.

The Home Office guidance states that employers should apply their checking process consistently and avoid discrimination when preventing illegal working.

A consistent process protects both the organisation and applicants.

How Right to Work fits into a wider care recruitment process

For a care organisation, recruitment rarely involves just one document or one check.

A candidate may move through several stages before they are ready to start:

Application → Recruitment → References → Right to Work → DBS → Training → Appointment → Ongoing compliance

When these steps are managed separately, it can become difficult to see what has been completed and what is still outstanding.

A more organised approach gives managers a clearer view of each worker’s progress and helps keep important records together.

Building a more organised recruitment process

Right to Work checks are an important legal requirement, but they are also part of a much bigger picture.

Care organisations need to manage people, documents, training and compliance throughout the employee journey not just during recruitment.

Having a central system for tracking requirements can help managers see what has been completed, identify outstanding actions and maintain better records.

ProCare Hub is designed to help care organisations manage training, certificates and workforce records with greater visibility. Organisations can allocate learning, track certificates and renewals, and keep important information organised in one place. (ProCare Hub⁠)

The key takeaway

A strong care recruitment process starts before a new employee’s first shift.

Right to Work checks help employers confirm that prospective workers are legally permitted to work in the UK, while accurate records and follow-up processes help organisations maintain compliance over time.

For care providers, the goal should not simply be to complete individual checks. It is to build a recruitment and workforce process where important requirements are visible, organised and easy to follow.

The right person, the right checks, and the right records all part of a better-organised care workforce.

This article provides general information and is not a substitute for official legal or immigration advice. Employers should refer to the latest Home Office guidance when carrying out Right to Work checks