Do You Need Right to Work Checks for British Citizens?
A care home manager in Leeds runs right to work checks on two new starters. One has a Tier 2 visa — she checks their documents carefully. The other is born and raised in Yorkshire — she skips the check. "He's obviously British," she reasons.
She's just committed two mistakes: one legal, one practical. Selectively checking only foreign nationals is race discrimination under the Equality Act 2010. And skipping the check means she has no statutory excuse if anything goes wrong.
This guide is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified immigration solicitor.
The short answer: yes, always
UK employers must conduct a right to work check on every person they hire, regardless of nationality, ethnicity, or how "obviously British" they appear. The GOV.UK employer guidance is clear: you must check that a job applicant is allowed to work for you before you employ them.
This applies equally to:
- British citizens born in the UK
- Irish citizens (who have automatic right to work under the Common Travel Area)
- Commonwealth citizens with right of abode
- Settled status holders
- Visa holders with time-limited permission
No exceptions. No shortcuts. Every single hire.
Why employers skip the check (and why it backfires)
The most common reason employers skip checks on British citizens is an assumption: "I can tell who has the right to work." This assumption is both wrong and dangerous.
It's discriminatory. The Code of Practice on Preventing Illegal Working explicitly requires employers to apply checks to all employees, not selectively based on perceived immigration status. Checking only people who "look foreign" or have non-British names is direct race discrimination.
It destroys your statutory excuse. The statutory excuse is your defence against civil penalties. It only exists if you conducted the prescribed checks. Skip the check on any employee — British or not — and you have no defence if the Home Office investigates.
It's more common than you'd think. Many micro-employers incorrectly believe a driving licence proves right to work. If that basic fact is widely misunderstood, the "do I check British citizens?" question is almost certainly getting the wrong answer in thousands of small businesses.
What documents British citizens can use
British citizens provide List A documents, which establish a permanent right to work. Unlike visa holders (List B), there's no expiry date and no follow-up check required.
| Document | Notes |
|---|---|
| UK passport (current or expired) | Most common. An expired passport still proves British citizenship. |
| UK birth certificate + NI number proof | Birth or adoption certificate from the UK, Channel Islands, Isle of Man, or Ireland — plus an official document showing the person's National Insurance number (P45, P60, NI card, or HMRC letter). |
| Certificate of registration or naturalisation | As a British citizen, combined with NI number proof. |
A driving licence does not prove right to work. Neither does a bank statement, utility bill, or council tax letter. These documents prove identity or address — not immigration status. Use our document checker tool to confirm whether a specific document proves right to work.
How to run the check
The process for British citizens is the same three-step check as for any other employee:
- Obtain the original document. The employee must present the original — not a photocopy, not a photo on their phone.
- Check it in the person's presence. Verify the document is genuine, the photo matches, the dates are valid, and the name matches (or the employee can explain any difference).
- Copy and date it. Make a clear copy (scan or photograph), record the date you made the copy, and store it securely. Keep this for the duration of employment and for two years after the person leaves.
For British and Irish passport holders, you can also use an Identity Document Validation Technology (IDVT) provider to run a digital check. This is optional — the manual check is equally valid.
The discrimination trap: how to check everyone fairly
The easiest way to stay compliant is to make right to work checks a non-negotiable part of your hiring process for every single person. No judgement calls, no exceptions.
Build it into your onboarding process:
- Include a right to work check in your standard offer letter or onboarding email — "Please bring one of the following documents to your first day..."
- Check everyone at the same stage (before their start date)
- Use the same process every time
- Never ask different questions based on someone's appearance, accent, or name
This protects you twice: you maintain your statutory excuse for every employee, and you can demonstrate a consistent, non-discriminatory process if challenged.
What you don't need to do
British citizens need a one-time check only. Unlike employees with time-limited visas, there's no follow-up check and no expiry date to track. Once you've verified a British citizen's right to work at the start of their employment, that check is valid for as long as they work for you.
This is one of the key differences between List A (permanent right to work) and List B (time-limited right to work). For employees on List B, you'll need to track expiry dates and schedule follow-up checks — see our guide to ongoing RTW compliance for how that works.
Common questions
Can I accept an expired British passport? Yes. An expired UK passport still proves British citizenship. It remains a valid List A document for right to work purposes.
What if the employee doesn't have a passport? They can use a UK birth or adoption certificate combined with proof of their National Insurance number (P45, P60, or a letter from HMRC). This combination is a valid List A document.
What if someone says "I'm British" but can't produce documents? You cannot employ them until they produce an acceptable document. "I'm British" is not a document. This applies equally regardless of nationality — no one starts work until the check is complete.
Is it discriminatory to ask a British citizen for their passport? No — as long as you ask everyone. Discrimination occurs when you check selectively, not when you check universally.
The bottom line
Check everyone. Every hire. Same process. Same stage. No exceptions.
It takes five minutes per employee. It protects you from penalties of up to £45,000 per illegal worker. And it ensures you're treating every applicant fairly.
For a complete walkthrough of the right to work process — including what happens after the initial check — see our employer's guide to ongoing RTW compliance.