Checklist and evidential record of a right-to-work check — the only defence ("statutory excuse") against a civil penalty of up to £45,000 (first breach) or £60,000 (repeat breach) per illegal worker.
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
RIGHT TO WORK CHECK CHECKLIST AND RECORD
Employee / worker: Employee / worker name, job title "Job title", start date Start date.
1. PURPOSE 1.1. This record documents the right to work check carried out before Employee / worker name began work, in order to establish a "statutory excuse" against a civil penalty for employing an illegal worker. The current civil penalty is up to £45,000 for a first breach and up to £60,000 for a repeat breach, per illegal worker, with criminal liability possible in serious cases.
2. CHECK PERFORMED 2.1. Type of check: Type of check. 2.2. Document(s) checked: Document(s) checked. 2.3. Home Office share code used: Home Office share code. The online check was viewed on the Home Office service and the profile photograph was compared with the person presenting themselves for work. 2.4. Document expiry / permission end date: Document expiry / permission end date.
3. WHEN AND BY WHOM 3.1. Check carried out on Date check carried out, before the employee's first day of work. 3.2. Checked by: Checked by.
4. FOLLOW-UP CHECKS 4.1. The right to work is time-limited, so a follow-up check is required before the current permission expires. Follow-up check due: Follow-up check due date. A diary reminder has been set.
5. RECORD-KEEPING 5.1. Copies retained
6. NOTES 6.1. ⚠️ From 1 October 2026, the duty to carry out right to work checks is extended to gig economy and zero-hours contractors, not only employees, under the Border Security, Asylum and Immigration Act 2025 — confirm which categories of worker this checklist must cover before that date.
SIGNATURES Checked by ______________ / Checked by / Date: Date check carried out
— — — ⚠️ This is a boilerplate template, not legal advice. Employment, consumer-protection, food safety, and health & safety law in the United Kingdom differs between England, Wales, Scotland, and Northern Ireland, and is changing significantly through 2026–2027 under the Employment Rights Act 2025 — have this document reviewed and adapted by a solicitor (and, for disciplinary/grievance matters, checked against the current Acas Code of Practice at acas.org.uk) before use.
Fields that belong to a switched-off clause are dimmed — they are not asked for.
Required if an online right to work check was used
Leave blank if the right to work is not time-limited
Must be before the employee's first day of work
Required where permission to work is time-limited
The statutory excuse requires clear copies of the documents checked, retained for the duration of employment plus 2 years
2 of 11 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.