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GUIDES / COMPLIANCE

Right to work checks for recruitment agencies: a practical checklist

Right to work checks protect your agency, your clients and your workers. This guide covers the practical side of running them consistently. It is general guidance, not legal advice - always follow the current Home Office guidance on GOV.UK.

7 min read - Reckiapp guides

When to check

Check before the person starts work, and keep a clear record of when the check was done and by whom. If permission to work is time-limited, schedule a follow-up check before it expires.

The main ways to check

The right method depends on the person’s documents and status. The Home Office guidance sets out the accepted methods, which include:

  • A manual check of acceptable original documents
  • An online check using the Home Office service and a share code
  • A digital check through a certified identity service provider, where eligible

Use the method that applies, and follow the steps exactly as the guidance describes.

Record it properly

Keep a clear, dated copy or record of the check in a format you can produce if asked. Store it securely and only for as long as the guidance and your retention policy allow.

Follow-up checks

Time-limited permission needs a follow-up check before it ends. Missing these is one of the most common gaps, so automate the reminder rather than relying on memory.

Make it part of booking

The safest approach is to make a valid right to work check a condition of booking. If the check is missing or expired, the worker cannot be booked until it is resolved.

Common mistakes to avoid

Most problems come from inconsistency rather than bad intent. Watch for these:

  • Checking after the person has already started
  • Using the wrong method for the person’s documents or status
  • Recording the check without the date or the name of the person who did it
  • Forgetting follow-up checks for time-limited permission
  • Storing copies in personal inboxes or shared drives with no retention policy

Make it consistent across the team

Write a short internal procedure that says who carries out checks, which method to use in each case, where records are stored and how follow-ups are scheduled. Train every consultant who books workers, and audit a sample of records each quarter.

Agencies and clients

When you supply workers to clients, be clear in your terms about who carries out the right to work check and how evidence is shared. Clients increasingly ask agencies to confirm checks in writing, so keep records easy to retrieve.

A quick checklist

  • Check completed before the start date
  • Correct method used and recorded
  • Date of check and checker recorded
  • Copy or record stored securely
  • Follow-up date set where permission is time-limited
  • Booking blocked if the check is missing or expired

How ComplyTrackr helps

ComplyTrackr tracks right to work and other compliance items per candidate, warns before follow-up checks are due and works with Orchestrate to block bookings when something is missing.

Frequently asked questions

Does the agency or the client do the right to work check?

It depends on who employs the worker and what your terms say. Agree it in writing with each client and follow the current Home Office guidance.

How long should we keep right to work records?

Follow the period set out in the current Home Office guidance and your own retention policy, and delete records securely when that period ends.

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