Right to Work
Initial and Repeat Right to Work Checks
Workers with time-limited permission need follow-up checks to keep a statutory excuse in place.
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What the issue is
An initial check is carried out before employment starts. Where a worker has time-limited permission, the guidance requires a follow-up check before that permission expires to maintain the statutory excuse.
Why it matters
The excuse from an initial check may only last until the permission ends. If no follow-up check is made in time, the employer can lose its protection even though the original check was correct.
When advice may be appropriate
Where a worker's permission has expired, an application is pending, or the position is unclear, obtain advice before deciding whether employment can continue.
Common failures
- No record of when permission expires.
- Assuming a pending application automatically allows continued work.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- Expiry dates linked to each worker's record.
- Follow-up check results and dates.
Practical preventative steps
- Diarise follow-up checks well before expiry.
- Assign a named owner for repeat checks.
Official rules and guidance
Rules and guidance change. Check the current official sources before relying on this information.
This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.
Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.
Related compliance topics
When solicitor advice may be appropriate
Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.