Hiring and probation

Right to work: request for documents letter

Asks a successful candidate for the evidence you must see, and explains the check, before they start.

Every hire, without exception, before the first day. The check is the same for everyone: asking only people you think might not have the right is discrimination, and checking after they have started leaves you exposed for the period in between.

Before it goes

  • Know which route applies: a share code for online checks (most non-British nationals), or original documents in person or via a certified identity service provider for British and Irish citizens.
  • Decide who does the check and how the copy is stored with the date.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Right to work in the UK: documents we need before you start Before anyone starts work with us, we are required by law to check that they have the right to work in the UK. We carry out the same check for every new starter. Please do one of the following before [DATE, at least a few days before the start date]: If you are a British or Irish citizen: bring your original current passport, or your original birth or adoption certificate together with an official document showing your National Insurance number (for example a P45, P60 or letter from HMRC or DWP), to [ADDRESS] on [DATE / by appointment with NAME]. We will take a copy, record the date, and hand the originals straight back. If you hold immigration status in the UK: go to gov.uk/prove-right-to-work, generate a share code, and send the share code and your date of birth to [EMAIL]. We will complete the online check and confirm the result to you. We may need to see you in person or by video call to confirm the photograph matches. If your permission to work is time-limited, we will note the expiry date and carry out a follow-up check before it. If your permission restricts the hours or type of work you can do, please tell us now so we can confirm the role fits. We cannot allow you to start on [START DATE] until this check is complete. If you have any difficulty getting the documents in time, call me on [PHONE] and we will work out what to do. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Route
Most non-British nationals now prove status online with a share code. British and Irish citizens still use documents. The Home Office guide lists exactly what counts; do not improvise.
Who checks
The person who looks at the document, in the presence of the holder, should be the one who signs and dates the copy.

What the law says

  • Immigration, Asylum and Nationality Act 2006 ss.15 to 25: civil penalty for employing someone without the right to work; a correctly conducted check before employment gives a statutory excuse.
  • Home Office Employer's Guide to Right to Work Checks: the current lists of acceptable documents and the online check process.
  • Equality Act 2010: the check must be applied to every candidate in the same way.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not accept photocopies or photos of documents from the candidate as the check. You see the original, or you do the online check.
  • Do not let a start date slide the check. If the check is not done, they do not start.
  • Do not single anyone out. Same letter, same process, everyone.

Questions people ask

What happens if I get it wrong?

A civil penalty per illegal worker, and the Home Office publishes the names of employers fined. A correctly done, dated and stored check before day one is your statutory excuse. It is ten minutes of admin against a very large risk.

Can I do the check by video call?

For documents, you must see the original, so either in person or by using a certified identity service provider. For share codes, the online check itself is the check; a video call to match the face is sensible.

How long do I keep the copy?

For the length of the employment and two years after it ends. Keep the date of the check with it. Work-Lynx stores the document and the expiry date against the employee and reminds you before a follow-up check is due.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

Start free trial