A shift may need covering urgently, but right to work checks cannot become an afterthought. In health and social care, the consequences of appointing someone before their eligibility to work has been properly established can extend beyond an administrative error. It can affect service continuity, regulatory confidence, the people receiving support and the colleagues asked to manage the consequences.
For care providers, a clear process protects both the organisation and the individual. It helps ensure that workers are appointed lawfully, that any restrictions are understood before rotas are agreed, and that recruitment decisions remain fair, consistent and evidence-based.
What right to work checks are designed to establish
A right to work check is the process an employer uses to confirm that a person is permitted to carry out the proposed work in the UK. When completed in the prescribed way before employment begins, it can provide the employer with a statutory excuse against a civil penalty if it later becomes apparent that the individual did not have the right to undertake the work.
That protection depends on the check being completed correctly, at the right time and with appropriate records retained. Seeing a document informally, accepting a photograph sent by message, or relying on a previous employer’s assurance is not enough.
For staffing arrangements, responsibilities should be clear from the outset. The organisation employing the worker will normally need to complete the relevant check, but agency supply arrangements can involve different contractual duties and operational expectations. Care providers should understand who is responsible for each element, how evidence is recorded and what happens if a worker’s permission to work is time-limited.
Why right to work checks matter in care settings
Care services often operate under real pressure. Sickness, vacancies, service mobilisation and changing support needs can create an immediate requirement for people who are ready to work. Urgency is understandable, but it does not change the requirement to complete eligibility checks before the first shift or first day of employment.
A disciplined approach also supports better workforce planning. Some people may have conditions attached to their immigration status, including limits on the type of work they can do or the number of hours they can work. These restrictions need to be understood in relation to the actual role, proposed hours and service setting, rather than treated as a generic recruitment task.
This is particularly relevant where workers have more than one role, variable shift patterns or student permissions that may affect working hours during term time. A worker may be capable, experienced and available, but availability alone does not confirm that the proposed arrangement is permitted.
Right to work evidence is not a safeguarding check, a DBS check, a reference or proof of professional registration. Each assurance process has a distinct purpose. Treating one as a substitute for another can create gaps that are difficult to identify when a rota is under strain.
The three recognised routes to checking eligibility
The appropriate route depends on the individual’s status and the evidence available. Employers should follow current Home Office guidance and use the prescribed process that applies to the candidate.
For many candidates, an online right to work check is required or available. The individual provides a share code and their date of birth, allowing the employer to view their right to work status through the relevant government service. The employer must check that the photograph shown is of the person presenting for work and retain clear evidence of the online check, including the date it was completed.
Some British and Irish citizens can have their identity validated remotely through an Identity Service Provider using valid British or Irish passports or Irish passport cards, where the required conditions are met. This is not simply a video call or a scan of a passport. The provider and process must meet the relevant requirements, and the employer remains responsible for ensuring the check has been completed appropriately.
In other cases, a manual document check may be the correct route. This involves obtaining original acceptable documents, checking that they appear genuine and relate to the individual, confirming that names, dates and photographs are consistent, and taking and retaining copies in the required format.
Whichever route applies, checks should be completed by people who know what they are looking for and who understand when a discrepancy needs to be escalated. A spelling difference, an expired document, an unclear image or a restriction that does not align with the proposed role should not be quietly worked around to preserve a start date.
A practical process before allocating a shift
The safest process is one that is built into recruitment and booking decisions rather than added at the end. Before confirming a placement or start date, establish the person’s likely right to work route, request the necessary evidence promptly and allow time to resolve questions.
The check should be completed before the person starts employment. Once the result is confirmed, record the date, the route used and any relevant restrictions. Where permission is time-limited, set a diary reminder for a follow-up check before the permission expires. Records should be stored securely and retained for the required period, generally throughout employment and for two years after it ends.
For temporary staffing, this information needs to be visible to the people making deployment decisions without sharing more personal information than necessary. A rota coordinator may need to know that a worker is cleared for the proposed assignment and whether there are working restrictions. They do not need unrestricted access to identity documents or immigration information.
Consistency protects fairness as well as compliance
Right to work checks must be applied to all prospective workers before employment begins, regardless of nationality, accent, appearance or how long someone has lived in the UK. Selecting only some candidates for additional scrutiny can lead to discriminatory treatment and damage trust in the recruitment process.
A consistent process is also kinder to candidates. It explains what is needed, why it is needed and when it must be supplied. Candidates should not be left uncertain about whether a document has been accepted, whether further evidence is required or whether their start date is affected.
Where evidence cannot be verified immediately, the right response is clear communication and appropriate escalation. Depending on the circumstances, an employer may need to obtain further documentation, use the Employer Checking Service or seek specialist advice. It may mean that a start date cannot proceed as planned. That can be frustrating for a service and for a candidate, but placing someone before the necessary confirmation is not a responsible alternative.
Questions care providers should ask staffing partners
When using an agency or recruitment partner, care providers need confidence in the process without assuming that a broad statement of compliance answers every question. Useful discussions focus on the practical controls in place: who completes right to work checks, which checking route is used, how time-limited permissions are monitored, how records are retained, and how concerns are escalated before a worker is offered for a shift.
It is also reasonable to ask how eligibility information is reviewed when a worker’s circumstances change, how the provider prevents an expired check from being overlooked, and what information can be shared to support the service’s own governance requirements. The answer should be clear, proportionate and capable of being evidenced.
At Jessamy Staffing Solutions, right to work status forms part of a wider, role-appropriate screening process. It sits alongside identity, experience, training, references and other checks relevant to the assignment. The purpose is not to create unnecessary delay. It is to support careful decisions about who is ready to work, where they can be placed and what the service needs to know before they arrive.
Make the standard part of the routine
The strongest recruitment processes do not rely on someone remembering a final check when a shift becomes urgent. They make eligibility verification a defined step, assign ownership, retain evidence properly and review time-limited permissions in good time.
That discipline gives managers a firmer basis for workforce decisions. More importantly, it helps preserve the conditions in which care can be delivered with continuity, dignity and appropriate accountability – even when the rota is under pressure.
