How do you do right to work checks for agency workers?
Check before the temp's first shift, using one of three prescribed methods: a manual check of original documents, the Home Office online check with a share code, or a certified digital verification provider for British and Irish passports. Keep a dated copy while they work for you and for two years after, and recheck before time-limited permission ends.
Last checked 26 October 2026. General information, not legal or tax advice.
Why the agency does the check
In a normal temp supply, the employment business is the worker's employer for the purposes of the Right to Work Scheme, so the check is the agency's job and the agency carries the risk of a civil penalty. The Home Office guide of 1 October 2026 gives the example of a temp registered with an employment business supplying bars and restaurants on a contract for services: the employment business is responsible for the check.
That example matters. From 1 October 2026 the Scheme covers people working under a worker's contract, not only employees, for work that started on or after that date. Our guide on who does the check, agency or client covers the edge cases.
The three ways to check
| Method | When to use it | What you do |
|---|---|---|
| Manual document check | Anyone with original documents from the Home Office lists, including British and Irish citizens | See the original documents with the person present, check they are genuine and belong to them, copy them, and record the date of the check |
| Home Office online check | Anyone with an eVisa or other digital status. eVisa holders can only prove their right to work this way | Enter the share code and their date of birth on GOV.UK, check the photo is them, and keep the result |
| Digital verification provider (RtW DVSP) | British and Irish citizens with a valid passport or Irish passport card | Use a provider on the government register, get their output, and confirm the photo and details match the person |
Share codes for work start with the letter W, are 9 characters long and last 90 calendar days. Codes starting with R or S are for other services and cannot be used. British and Irish citizens cannot get a share code. In a manual check you cannot rely on a document seen over a live video call or on a scan.
Timing and follow-up checks
The check must be complete before the worker starts. If their permission is time-limited, recheck it on or before the date it ends if you want to keep them working. No follow-up is needed for someone with settled status or status under the EU Settlement Scheme. Where the Employer Checking Service issues a Positive Verification Notice, it covers you for six months, and the follow-up must happen before that runs out.
If a worker cannot show their status at a follow-up check, it does not always mean they have lost it. They may have an in-time application pending. The UKVI Resolution Centre on 0300 790 6268 helps with problems using the online services.
Records you must keep
- A clear copy of each document checked, or the online check result.
- A dated record of when the check was made. The guide's wording is "The date on which this right to work check was made: [insert date]". Writing a date on the copy alone is not enough.
- Keep the copies securely for the whole time the person works for you and for two years after, then destroy them securely.
The penalties
The Home Office code of practice in force from 1 October 2026 keeps the levels set in February 2024. The starting point is £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach within three years. Each is reduced by £5,000 per worker if you reported the suspected illegal worker before the Home Office found them, and by another £5,000 if you actively cooperate. On a first breach, effective checking practices plus both of those can bring it down to a warning notice.
Knowingly employing an illegal worker is a crime carrying up to five years in prison and an unlimited fine. Other sanctions include business closure, director disqualification and being named publicly.
Treat everyone the same
Check every temp, not only the ones you think might not have the right to work, and use the same process each time. Do not refuse someone because they choose a manual check over a digital one: the guide says you must offer a manual check to anyone who does not want a digital one. Tempbench, the CRM for UK temp agencies, stores the right to work document and its expiry date on each record and warns before it runs out; it does not carry out the check for you.
Questions people ask
Can I do a right to work check over video?
Not for a manual document check: you must see the original documents with the person physically present, not over a live video link or from a scan. With a registered digital verification provider, the identity match can be done in person, by video call or by the provider's facial recognition. The online share code check is done on GOV.UK.
How long does a right to work share code last?
A share code for proving the right to work is valid for 90 calendar days from when the person creates it. You can use it as many times as needed in that time, but only for its original purpose. If it has expired or was made for another service, ask the worker to send a new one.
Do I need a new check when a temp moves to another client?
Not usually. The check relates to their employment with your agency, not to each assignment, so moving from one client to another under the same arrangement does not need a fresh check. Follow-up checks still fall due when time-limited permission ends, wherever the temp is working at the time.
How long must I keep right to work records?
For the whole time the person works for you and for two years after that, then destroy them securely. Keep a copy of every document checked or the online check result, plus a dated record of when the check was made, so you can show the Home Office quickly if asked.
Sources
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