The right to work in the United Kingdom is a fundamental aspect of employment law, ensuring that individuals can legally take up employment while maintaining compliance with immigration regulations. This blog post explores what the right to work entails, who is eligible, how employers verify it, and the consequences of non-compliance.

In the UK, the right to work refers to an individual’s legal permission to engage in paid employment. This is governed primarily by the Immigration, Asylum and Nationality Act 2006, which places a responsibility on employers to ensure their employees have the appropriate work authorization. The right to work is closely tied to immigration status, as it determines whether a person can legally work in the UK based on their citizenship or visa conditions.

For UK and Irish citizens, the right to work is automatic, as they are not subject to immigration controls. For others, including those from the European Economic Area (EEA) and non-EEA countries, the right to work depends on their immigration status, which may require specific visas or permits.

Eligibility to work in the UK varies based on nationality and immigration status:

Employers in the UK are legally required to conduct right-to-work checks before hiring. These checks ensure that prospective employees have the legal right to work and help prevent illegal working. The process involves:

Since April 2022, employers can use certified Identity Service Providers (IDSPs) for digital right-to-work checks, particularly for British and Irish citizens with valid passports. For those with time-limited visas, follow-up checks are required to ensure continued eligibility.

Failing to conduct proper right-to-work checks can have serious consequences for employers. If an employer is found to have employed someone without the right to work, they may face:

Employees working without authorization may face deportation, bans on re-entering the UK, or other immigration penalties. It’s in everyone’s interest—employer and employee—to ensure compliance.

The UK’s immigration landscape has evolved significantly since Brexit. The end of free movement for EEA nationals has introduced new visa requirements, such as the points-based immigration system. This system prioritizes skills and qualifications, affecting how employers recruit from abroad. Additionally, the rise of digital right-to-work checks has streamlined the process but requires employers to stay updated on compliant technologies.

For employees, understanding their right-to-work status is crucial. Those with time-limited visas should monitor their visa conditions and seek extensions or new permissions as needed. Resources like the Home Office website or legal advisors can provide clarity.

The right to work in the UK is a cornerstone of fair and legal employment. Employers must diligently verify their workers’ eligibility, while individuals need to understand their immigration status to avoid complications. By staying informed and compliant, both parties contribute to a lawful and inclusive labour market. For more details, visit the UK government’s official guidance on right-to-work checks.