Right to work checks on construction sites: what site managers must do in 2025

Quick answer

• You must complete a right to work (RTW) check for anyone you directly employ before they start. Do it via one of three routes: Home Office online check (share code), manual check of original documents (Lists A/B), or a certified Digital Verification Service (DVS) for British/Irish passport holders. Keep clear copies and the date of check; repeat follow‑ups if time‑limited.
• For agency and subcontract labour, the legal duty sits with the employing entity, but you should require compliant checks contractually and verify at the gate that the person matches the photo and that the employer of record is doing checks. Do not rely on CSCS alone.

Citations: see GOV.UK employer guide and checklist in Templates and useful links.

What counts as a compliant check

• Online service: candidate gives a share code; you check via GOV.UK online and record the profile page and date.
• Manual check: view and copy original documents from the Home Office lists; record the date; ensure legible copies.
• DVS route: for British/Irish passport holders you can use a certified provider; keep the output and your identity match at the gate.
• Record‑keeping: retain for employment duration plus two years. Track visa expiry and Positive Verification Notices (PVNs) where used.

Who you must check and who you should audit

• Direct employees: always complete RTW checks pre‑start and follow‑ups if time‑limited.
• Apprentices and students: keep term dates if hours are restricted.
• Agency workers and subcontractors: require their employer to do RTW checks; build this into contracts and audit. At the gate, verify the person matches the photo; sample audit evidence periodically.
• Sponsored workers: sponsors must complete checks and keep compliance evidence.

Simple gate workflow

• Pre‑engagement: identify the employer of record for each person; include RTW clauses and audit rights in subcontracts and labour‑only agreements.
• Onboarding: collect either a share code or original passport/visa for employees; run the check and date‑stamp it.
• Site induction: at the turnstile, match the person to the photo; issue pass only after check/confirmation.
• Ongoing monitoring: set reminders for visa/PVN expiry; spot‑check agencies and labour providers.
• Record‑keeping: store copies securely; be ready to produce to the Home Office.

Set it up in an afternoon

• Documents and forms
  • Use the official Right to Work checklist to standardise your process.
  • Add RTW confirmation to your induction register and permit‑to‑work issue.
• Automations that help
  • Calendar reminders for visa/PVN expiry.
  • Simple drive folder structure per employee with date‑stamped PDFs or images.
• Training
  • Brief supervisors that CSCS is not proof of RTW.
  • Run a 10‑minute toolbox talk on how to spot forged documents and when to escalate to the Employer Checking Service.

2025 updates at a glance

• The Home Office employer guide was refreshed in June 2025. Expired BRP cards are not valid as proof; use online eVisa checks.
• New supplementary code for Digital Verification Services took effect in July 2025; using a certified DVS for British/Irish passports is best practice and may become mandatory.
• Civil penalties remain at up to £45,000 for a first breach and £60,000 for repeat breaches since Feb 2024. Criminal offences apply if you knowingly employ illegal workers.
• Government has announced plans to extend RTW check duties beyond employees to cover more flexible labour models. Track commencement dates and be ready to extend checks to labour‑only subbies.

What not to do

• Do not rely on CSCS cards as proof of RTW.
• Do not keep poor copies or miss the check date stamp.
• Do not forget follow‑ups when leave is time‑limited.
• Do not treat candidates differently based on nationality. Offer all eligible proof routes.

Templates and useful links

• GOV.UK: Employer’s guide to right to work checks (updated 26 June 2025) https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/employers-guide-to-right-to-work-checks-26-june-2025-accessible
• GOV.UK: Right to Work checklist (quick list) https://www.gov.uk/government/publications/right-to-work-checklist
• GOV.UK: Code of practice on preventing illegal working (penalties) https://www.gov.uk/government/publications/illegal-working-penalties-codes-of-practice-for-employers/code-of-practice-on-preventing-illegal-working-right-to-work-scheme-for-employers-13-february-2024-accessible
• GOV.UK: Supplementary code for digital RTW checks (DVS) https://www.gov.uk/guidance/supplementary-code-for-digital-right-to-work-checks-04
• HSE: Site rules and induction guidance https://www.hse.gov.uk/construction/safetytopics/site-rules-induction.htm
• Legislation: CDM 2015 (Schedule 3 risks to brief in induction) https://www.legislation.gov.uk/uksi/2015/51/schedule/3/made

What are people saying on Reddit?

Recent thread: enforcement at a Belfast construction site sparked debate on penalties and contractor responsibility. Useful takeaways for managers: expect supply‑chain audits to be scrutinised; penalties up to £60k per worker are widely quoted; and gate checks must link to real employer records, not just cards.

Link: https://www.reddit.com/r/northernireland/comments/1ji0uxc/home_office_arrest_36_in_titanic_quarter/

FAQ

• Can a CSCS card be used as proof of right to work? No. CSCS proves industry competence and training, not immigration status. Always complete one of the three prescribed RTW checks.

• We used to photocopy BRP cards. Is that still acceptable? No. For individuals with eVisas/UKVI accounts, use the online service with a share code. Expired BRPs are not valid proof.

• Do I need to check self‑employed subcontractors? Today, the statutory excuse applies to employees. However, the Home Office strongly encourages you to ensure your contractors and labour providers conduct compliant checks. Government has announced plans to extend legal duties to more labour models, so add RTW clauses now and prepare to extend checks.

• How long should I keep records? Keep copies for the duration of employment plus two years after it ends. Ensure they are clear, dated, and quickly retrievable.

• What should be in the site induction about RTW? Add an identity match step at the gate; confirm the employer of record has completed a check; and remind supervisors that access passes are only issued after confirmation.

• What are the penalties if I get it wrong? Civil penalties up to £45k per illegal worker for a first breach and £60k for repeat breaches. Criminal offences can apply if you knowingly employ illegal workers.