Right to work checks: an employer's guide · How to avoid discrimination

How to avoid discrimination

employer s guide to right to work checks 1 october 2026 chunk 22 · in force: unknown

Captured source text (L5)

How to avoid discrimination

Employers are strongly recommended to refer to the Code of practice for employers: avoiding unlawful discrimination while preventing illegal working which provides practical guidance on how to avoid unlawful discrimination when employing individuals.

It is unlawful to discriminate against individuals on grounds of protected characteristics, including race, when carrying out right to work checks. Those experiencing unlawful discrimination may bring a complaint before the courts or before an Employment Tribunal. If the complaint is upheld, the Tribunal will normally order the payment of compensation, for which there is no upper limit.

Employers should:

• be consistent in how they conduct right to work checks on all workers, including British citizens, regardless of nationality or perceived immigration status.

• ensure job selections are made on the basis of suitability for the post.

• ensure that no prospective job applicants are discouraged or excluded, either directly or indirectly, because of known or perceived protected characteristics.

Employers should not:

• discriminate when conducting right to work checks.

• make assumptions about an individual’s right to work in the UK or their immigration status on the basis of their race, nationality, ethnic or national origins, accent, surname or length of time they have been resident in the UK.

• only conduct right to work checks on those who they consider are more likely to be migrants.

Otherwise, the employer may be acting in a discriminatory manner, and it could be used as evidence against them in proceedings under the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997, as amended.

Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race or a protected characteristic, may bring a complaint before an Employment Tribunal, or an Industrial Tribunal in Northern Ireland. If the claim is upheld, the Tribunal will normally order the employer to pay compensation, for which there is no upper limit.

If expert advice and support on discrimination is needed, please call the Equality Advisory Support Service (EASS) on 0808 800 0082. In Northern Ireland the advisory 17

service is provided by the Equality Commission for Northern Ireland. The telephone helpline number is 028 90 500600. 18

Full captured verbatim text

Employers are strongly recommended to refer to the Code of practice for employers:
avoiding unlawful discrimination while preventing illegal working which provides
practical guidance on how to avoid unlawful discrimination when employing
individuals.

It is unlawful to discriminate against individuals on grounds of protected
characteristics, including race, when carrying out right to work checks. Those
experiencing unlawful discrimination may bring a complaint before the courts or before
an Employment Tribunal. If the complaint is upheld, the Tribunal will normally order
the payment of compensation, for which there is no upper limit.

Employers should:

• be consistent in how they conduct right to work checks on all workers,
including British citizens, regardless of nationality or perceived immigration
status.

• ensure job selections are made on the basis of suitability for the post.

• ensure that no prospective job applicants are discouraged or excluded, either
directly or indirectly, because of known or perceived protected characteristics.

Employers should not:

• discriminate when conducting right to work checks.

• make assumptions about an individual’s right to work in the UK or their
immigration status on the basis of their race, nationality, ethnic or national
origins, accent, surname or length of time they have been resident in the UK.

• only conduct right to work checks on those who they consider are more likely
to be migrants.

Otherwise, the employer may be acting in a discriminatory manner, and it could be
used as evidence against them in proceedings under the Equality Act 2010 or the Race
Relations (Northern Ireland) Order 1997, as amended.

Anyone who believes that they have been discriminated against, either directly or
indirectly, by an employer, a prospective employer or an employment agency, because
of their race or a protected characteristic, may bring a complaint before an
Employment Tribunal, or an Industrial Tribunal in Northern Ireland. If the claim is
upheld, the Tribunal will normally order the employer to pay compensation, for which
there is no upper limit.

If expert advice and support on discrimination is needed, please call the Equality
Advisory Support Service (EASS) on 0808 800 0082. In Northern Ireland the advisory
17

service is provided by the Equality Commission for Northern Ireland. The telephone
helpline number is 028 90 500600.
18

What this provision means

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Relevance to Signicat: 2/3 · detailed summary (L4) Status: not needed for a short provision · Stored artifact; current recipe verification unavailable

Employers must carry out right to work checks consistently without discriminating on grounds of race or other protected characteristics.

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Part summaries

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Verification findings (273)

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synthesis coverage: missing/unverified L2 3-identity-verification

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synthesis coverage: missing/unverified L2 4-when-are-follow-up-checks

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synthesis coverage: missing/unverified L2 required

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synthesis coverage: missing/unverified L2 illegal-working

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synthesis coverage: missing/unverified L2 the-offence-of-employing-an-illegal-worker

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synthesis coverage: missing/unverified L2 civil-penalties

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synthesis coverage: missing/unverified L2 the-offence-of-working-illegally

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synthesis coverage: missing/unverified L2 closure-notices-and-compliance-orders

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synthesis coverage: missing/unverified L2 preventing-illegal-working-in-licensed-sectors

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synthesis coverage: missing/unverified L2 reporting-illegal-working

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synthesis coverage: missing/unverified L2 home-office-training

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synthesis coverage: missing/unverified L2 notification-of-updates-to-the-right-to-work-scheme

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-108

synthesis coverage: missing/unverified L2 support-for-workers

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synthesis coverage: missing/unverified L2 7-annex-a-lists-of-acceptable

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-7-annex-a-lists-of-acceptable

synthesis coverage: missing/unverified L2 documents-for-manual-right-to-work

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-documents-for-manual-right-to-work

synthesis coverage: missing/unverified L2 list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing/unverified L2 statutory-excuse

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-114

synthesis coverage: missing/unverified L2 list-b-group-1-acceptable-documents-where-a-time-limited

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-b-group-1-acceptable-documents-where-a-time-limited

synthesis coverage: missing/unverified L2 statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

synthesis coverage: missing/unverified L2 remain

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synthesis coverage: missing/unverified L2 list-b-group-2-acceptable-where-a-time-limited-statutory

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-b-group-2-acceptable-where-a-time-limited-statutory

synthesis coverage: missing/unverified L2 excuse-lasts-for-six-months

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synthesis coverage: missing/unverified L2 8-annex-b-employment-of-specific

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-8-annex-b-employment-of-specific

synthesis coverage: missing/unverified L2 categories-of-workers

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-categories-of-workers

synthesis coverage: missing/unverified L2 sponsored-work-routes

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-122

synthesis coverage: missing/unverified L2 supplementary-employment

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-123

synthesis coverage: missing/unverified L2 students

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-124

synthesis coverage: missing/unverified L2 work-placements

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synthesis coverage: missing/unverified L2 impact-of-a-change-in-circumstances-on-a-student-s-right-to

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-impact-of-a-change-in-circumstances-on-a-student-s-right-to

synthesis coverage: missing/unverified L2 work

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-127

synthesis coverage: missing/unverified L2 volunteering-voluntary-work-and-voluntary-fieldwork

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-128

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-129

synthesis coverage: missing/unverified L2 9-annex-c-questions-and-answers

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-9-annex-c-questions-and-answers

synthesis coverage: missing/unverified L2 on-changes-to-the-right-to-work

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synthesis coverage: missing/unverified L2 scheme

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-132

synthesis coverage: missing/unverified L2 scope

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synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-134

synthesis coverage: missing/unverified L2 identity-verification-imposter-checks-and-use-of-digital

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-identity-verification-imposter-checks-and-use-of-digital

synthesis coverage: missing/unverified L2 verification-services

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-136

synthesis coverage: missing/unverified L2 governance-validation-and-organisational-responsibility

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-137

synthesis coverage: missing/unverified L2 enforcement

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-138

synthesis coverage: missing/unverified L2 written-statements-contractual-terms-evidence-and-assurance

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-140

synthesis coverage: missing/unverified L2 substitution

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-141

Instrument tier unavailable

Change history as published

Final employer RTW guidance added for 1 October, · 2026-10-01T08:30:15Z

Updated DRAFT: Employer’s guide to right to work checks. · 2026-09-11T11:06:55Z

The guidance has been updated. · 2026-07-16T13:45:35Z

Updated Welsh version of guidance. · 2025-07-31T16:20:26Z

An accessible version of the guidance has been added. · 2025-07-10T12:10:44Z

This guide has been updated throughout. The most significant updates are a simplification of the content, a revision of terminology and further clarification that expired physical Biometric Residence Permits (BRPs) are not acceptable proof of right to work. · 2025-06-26T09:27:22Z

Updated the employers' guide to right to work checks. A full list of changes can be found in the guidance. · 2025-02-12T12:58:39Z

Added Welsh version of guidance. · 2024-12-23T16:21:21Z

Added an accessible version. · 2024-11-13T15:28:00Z

Employer's guide to right to work checks has been updated. · 2024-09-23T11:39:40Z

An accessible version of this guidance has been added. · 2024-07-02T08:34:56Z

This guidance has been updated throughout. A full list of changes is on page 7. · 2024-06-21T08:30:03Z

Accessible version updated. · 2024-02-09T09:18:10Z

Guidance updated, changes are detailed on page 6. · 2024-02-08T16:18:08Z

Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use. · 2023-10-18T16:39:14Z

The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022. · 2023-03-28T09:05:48Z

Updated to the latest version of the guidance. · 2023-02-28T16:47:10Z

Updated information for employers carrying out right to work checks from 1 October. · 2022-09-27T13:26:25Z

Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks. · 2022-04-27T09:46:34Z

New Ukrainian nationals and right to work checks guide added. · 2022-04-12T16:00:06Z

Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide. · 2022-04-06T13:20:57Z

Added draft version of guidance which will come into force on 6 April 2022. · 2022-03-11T16:20:10Z

Added web version of the employer's guide. · 2022-02-15T08:09:53Z

Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification. · 2022-01-17T16:20:42Z

Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. · 2021-12-17T10:18:18Z

Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process. · 2021-08-31T12:07:50Z

Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. · 2021-07-02T15:42:07Z

Guidance updated with changes to the way EEA citizens evidence their right to work. · 2021-06-18T14:13:30Z

Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2021-03-17T00:15:02Z

Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2020-12-21T11:41:36Z

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process. · 2020-04-06T11:50:05Z

Updated to add 28 January 2019 edition · 2019-01-28T09:02:15Z

Attached updated guidance. · 2018-06-29T10:23:57Z

Updated guidance. · 2017-08-16T15:00:22Z

Updated guidance. · 2016-07-12T10:11:57Z

Updated guidance on right to work checks. · 2015-05-12T15:50:18Z

Updated guide · 2014-12-22T16:13:05Z

Updated right to work document · 2014-12-17T00:00:01Z

added link to new online employer checking service form · 2014-11-24T16:08:21Z

Updated guidance, 28/07/2014. · 2014-07-29T15:55:07Z

First published. · 2014-05-15T23:00:00Z

Pending effects amendments not yet applied to this text

No captured pending effects.

Provenance

Every claim the system makes about this text is traceable to these identifiers.

Instrument: uk:govuk/right-to-work-employers-guide
Part: How to avoid discrimination
Version: 47492d45c85668bb5f9c734b…
Content hash: sha256 252455e263c0687546d3f745…
Source: gov.uk/government/publications/right-to-work-checks-employers-guide