Why Right-to-Work checks matter
Every venue in the UK has a legal obligation to check that every person they hire has the right to work in the country. Getting this wrong carries serious consequences — fines, and in serious cases, criminal liability. But the rules are not always straightforward, and they have been changing.
This article gives you a general overview. It does not state specific legal requirements, because the rules differ by country and by the candidate's immigration status. For detailed guidance, see our compliance page or the relevant documentation.
The general principle
The core idea is simple: before you employ someone, you must check their identity and their right to work. You must keep a record of the check. You must repeat the check if the person's right to work is time-limited.
How you perform the check, what documents are acceptable, and how long you must keep records all depend on where you are and what type of candidate you are hiring. The rules for a British citizen are different from the rules for someone on a skilled worker visa, and the rules in the UK are different from the rules in the EU or the GCC.
Common pitfalls for venues
Not checking at all
Some venues assume that if a candidate has a National Insurance number, they have the right to work. This is not always the case. An NI number is not proof of right to work.
Checking at the wrong time
Some venues check right-to-work after the candidate has already started. The check must be completed before employment begins — not after the first shift.
Not retaining evidence
You must keep a record of the check — a copy of the documents or a record of the digital check. If you cannot produce evidence that you checked, it is treated as if you did not check.
Not rechecking time-limited rights
If a candidate's right to work expires on a specific date, you must recheck before that date. If you do not, and the person's right has lapsed, you are employing someone without the right to work.
Digital checks
Many countries now offer digital right-to-work checking services. In the UK, the system has evolved to include digital checks for certain immigration statuses. The specifics of which checks are acceptable, and for which candidates, change over time. Check the current guidance on our compliance page rather than relying on what was true a year ago.
For guidance on using the Right-to-Work Vault in RecruitCommis, see the documentation.
Practical steps for venue managers
- 1Build the check into your hiring process. Make it a step in the pipeline that cannot be skipped. The candidate moves to "hired" only after the check is complete.
- 1Train whoever does the checking. It does not have to be the GM, but whoever it is needs to know what they are looking for and what is acceptable.
- 1Keep records organised. You need to be able to find the evidence quickly if asked. A scattered folder of photos is not organised.
- 1Set reminders for rechecks. If a candidate's right to work expires on a date, that date should be in your calendar before the candidate starts.
- 1When in doubt, ask. The rules are complex enough that no general article can cover every case. If you are unsure about a candidate's status, seek professional advice.
Rules differ by country
This article is written for venues operating in the UK. If you operate in the EU, the US, Canada, the GCC, or APAC, the rules are different. The general principle — check before you hire, keep records, recheck if time-limited — is broadly consistent, but the specifics vary.
For guidance specific to your region, see our compliance page or contact our support team.
The bottom line
Right-to-Work checks are not optional, and they are not a box-ticking exercise. They are a legal obligation that protects your business. Build them into your process, keep them organised, and when the rules change — because they will — make sure you are working from the current guidance, not last year's.
For more hiring tips, browse the full resources library.