Employers carrying out right to work checks should note an updated code of practice setting out the prescribed checks that avoid a civil penalty for illegal working; the source gives no in-force date.
Key facts
- Who: Employers carrying out right to work checks on people before employing them
- From: Not stated in the source. The updated version is dated 30 June 2026.
- Source: Code of practice on preventing illegal working: Right to Work Scheme for employers
Previous versions of the code of practice are on the National Archives website.
The Home Office has published a new version of its code of practice on preventing illegal working.
The code sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working. It also sets out the factors the Home Office takes into account when determining the amount of any penalty issued.
The code describes the employer's role in preventing illegal working. Employers do this by carrying out right to work checks on people before employing them, to make sure they are allowed to do the work in question.
The publication page says there are accessibility issues with these publications and that work is under way to fix them. It also says the Welsh translation of the guide is being updated.
What this means for applicants
This item concerns employers. The code is the reference for the prescribed checks that employers should conduct, on people before employing them, to avoid a civil penalty in the event of illegal working.