Guide · Right to work

Right-to-work checks for takeaway staff, in plain English

What you have to check before somebody's first shift, when you have to check again, and what to keep. Taken from gov.uk, and written by people who do these checks in our own shops.

This is a plain summary, not legal advice. The Home Office's full employer's guide (updated 1 October 2026) and the official checking service are linked at the bottom. If anything here disagrees with them, they're right.

The rule

You must check that somebody is allowed to work in the UK before they start working for you. That means everyone: British staff, students, family members helping out, the driver who only does Fridays.

Do the check properly and you have what the law calls a statutory excuse: if it later turns out the person had no right to work, you won't have to pay the civil penalty, because you can show you checked correctly.

Two ways to check

Online, with a share code

Most people with an immigration status now hold it online. They get a share code from their online status and give it to you with their date of birth. You check it on gov.uk, which shows whether they can work and any conditions on it, such as a limit on hours. Keep a copy of the result.

Manually, with original documents

British and Irish citizens can't get a share code. For them you see the original document (usually a passport), check it with the person present, and make a copy that can't be altered. For a passport, copy the page with their details and the expiry date. You can also use a certified identity service provider to check British and Irish passports digitally.

Write down the date

Whichever way you check, record the date you made the check, and keep the copy or online result for as long as they work for you and for 2 years after they leave.

When you have to check again

If somebody's permission to work has an end date, you have to check again before it expires. Miss that date and your statutory excuse runs out with it, even though you did everything right on day one.

This is the part that catches takeaways out. The first check gets done because it's in front of you. The follow-up is a date eighteen months away that nobody remembers, for somebody who has worked for you without a problem the whole time.

Students and limited hours

Students are a big part of many takeaways' staff, and student visas often limit how many hours a week they can work during term time. The online check shows the exact conditions for each person. Two practical points:

What happens if it goes wrong

From gov.uk:

You won't have to pay the civil penalty if you can show you carried out the correct right-to-work checks.

A routine that works in a busy shop

  1. No first shift without a check. Make it the rule for every manager, in every shop.
  2. Collect it at registration, not on the day they start: share code and date of birth, or a photo of the passport details page to check against the original.
  3. Record the date and keep the copy where you'll find it in two years' time.
  4. Put every expiry date somewhere that reminds you, well before it arrives.
  5. Check again before the expiry, and record that check too.

How FireAttend helps (and what it doesn't do)

FireAttend keeps the paperwork and the dates in one place:

What it doesn't do: it doesn't make the check for you, and it doesn't make you compliant. The check is still yours to make. FireAttend keeps the evidence and the dates where you'll find them. See FireAttend · How we keep the documents safe.

Official sources

Questions takeaway owners ask

Do I need to check British staff?

Yes. Everyone is checked before they start. British and Irish citizens can't get a share code, so you check their original documents, such as a passport, or use a certified identity service provider.

What is a share code?

A code the worker gets from their online immigration status. With it and their date of birth you can check their right to work, and any conditions on it, on gov.uk.

How long do I keep the copies?

For as long as they work for you and for 2 years after they leave, with the date you made the check.

When do I have to check again?

If somebody's permission to work has an end date, you must check again before it expires.

What is the fine for employing someone without the right to work?

A civil penalty of up to £60,000 for each illegal worker. Knowingly employing someone without the right to work can also lead to up to 5 years in prison and an unlimited fine. You won't have to pay the civil penalty if you can show you carried out the correct checks.

Never miss an expiry date again

FireAttend keeps every document and date in one place and tells you before they lapse. 60 days free.

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