Right-to-Work Checks UK 2026: How ATS Software Handles Them

Failing a UK Right-to-Work check carries a civil penalty up to £45,000 per illegal worker (Home Office, raised from £20k in 2024) and potential criminal liability for knowingly employing someone without permission. UK SMBs need a clear RTW workflow embedded in their ATS, not a manual side-process.

This guide covers the three RTW check methods in 2026 (manual, online via share code, and IDVT for British and Irish nationals), how UK ATS platforms automate each, and what evidence you must retain for a Home Office audit.

The three RTW check methods (UK 2026)

1. Manual document check. For non-British/Irish nationals without an eVisa: List A or List B physical documents inspected in person or via live video, copied, and stored.

2. Online check via Home Office share code. For most non-British/Irish nationals with status: candidate generates a share code at gov.uk/prove-right-to-work, employer verifies at gov.uk/view-right-to-work.

3. IDVT (Identity Document Validation Technology). For British and Irish nationals only: certified IDSP performs digital identity check via passport or Irish passport card. Available since April 2022.

What ATS software does for each method

Treegarden's RTW workflow: the candidate pipeline includes a mandatory RTW stage before 'offer accepted' transitions to 'employee'. The recruiter uploads the document image (manual), enters the share code and verification result (online), or initiates IDVT via integrated partner (Yoti, Onfido, TrustID). Each method is timestamped, attributed to the verifying staff member, and retained for 2 years past employment + 24 months as Home Office requires.

What Reach ATS does: RTW capture is configurable per workflow; manual and IDVT both supported via partner integration.

What BambooHR does: document storage only; no native RTW workflow. Manual workaround required.

What Workable does: document upload field; no native UK RTW workflow logic.

Retention rules under Home Office guidance

You must retain RTW evidence for the duration of employment plus 2 years after termination. The retention must include: copy of the document or share code verification, date of check, name and signature/digital identity of the staff member who performed the check, and clear evidence the check was completed before employment started.

ATS platforms with built-in retention timers (Treegarden, Reach) enforce this automatically. Manual systems (Google Drive folders) drift; this is the most common Home Office audit failure for UK SMBs.

Common RTW mistakes UK SMBs make

• Verifying after the start date (illegal: must be before)
• Not retaining the verification image/share code
• Manual List B follow-ups missed (List B documents have an expiry; you must re-verify)
• Trusting a candidate's word on visa status
• Skipping the check for 'temporary' or 'contractor' workers (still required)
• Failing to verify in-person for a remote worker (live video is acceptable; entirely document-based without seeing the person isn't)

What the £45k penalty actually looks like

Home Office penalties are issued per illegal worker. A 50-employee UK SMB with one missed RTW check faces up to £45,000 (£60k for repeat offenders). The Home Office publishes a quarterly list of fined employers; this creates reputational damage beyond the financial penalty. Cost of an automated ATS RTW workflow: £49-£229/month equivalent at SMB scale. The arithmetic favours automation.

Frequently asked questions