Right to work checks: employer guidance applies from 1 October 2026

Employers must carry out right to work checks on people before employing them, and the guidance on how to do so applies from 1 October 2026, including document rules, follow-up checks and TUPE.

The guidance explains how to carry out right to work checks, why employers need to do them and which documents can be used. It says what employers must do to prevent illegal working in the UK by checking, before employing someone, that the person is allowed to work.

It is set out to help employers find out:

• what a right to work check is
• why right to work checks are needed
• how to carry out checks
• when to carry out initial checks and follow-up checks, and what happens under TUPE
• which documents are acceptable for a manual right to work check

The guidance also points to a quick answer tool for checking whether someone can work in the UK. It sits within the employer guidance collection, which includes all documents for employers on preventing illegal working.

The guidance says that an employer can get a Positive Verification Notice from the Employer Checking Service if the employer is reasonably satisfied that the worker has either:

• an outstanding application with the Home Office that was made before their previous leave expired, or
• an outstanding appeal against a Home Office decision.

The Welsh translation of the guide is being updated. The page also says the publication may have accessibility issues, for example for people using assistive technology, and that the document can be requested in a different format through the contact route on the page. That route cannot answer other questions.

Sources

• Right to work checks: an employer's guide, GOV.UK