Right-to-work checks when you use an agency: what to know

Who carries out the check

In the UK, the employer must check that a worker has the right to work. When an agency or employment business employs the worker and pays them, the agency is the employer and carries out the check. When you employ someone directly, the check is yours.

This is worth confirming in writing when you first book. Knowing who employs the worker tells you who holds the evidence and who is responsible for keeping it up to date.

• The employer carries out the check
• With agency workers, that is usually the agency
• Confirm the arrangement in writing

How checks are done

The government sets out the accepted ways to check. Many workers prove their status online with a share code, which the employer checks on the government's website. Others show original documents, which the employer checks in the worker's presence and copies.

Some checks can also be done through a certified identity service provider. Whatever the method, the check has to be completed before the work starts, not afterwards.

• Online check with a share code
• Original documents checked and copied
• Completed before the work starts

Before the first shift and when permission is time-limited

A careful agency checks before a worker's first shift, not after a booking has already started. Where a worker's permission to work is time-limited, a follow-up check is needed before it expires.

Ask the agency how it tracks expiry dates. A clear answer, such as a system that flags workers before their permission runs out, is a good sign.

• Check completed before the first shift
• Follow-up checks for time-limited permission
• A process for tracking expiry dates

What to ask an agency about its checks

Ask who carries out the checks, which methods they use, and how they keep records. You do not need copies of workers' documents yourself, and for data protection reasons you should not ask for them without a reason.

Ask what happens if a check cannot be completed. The answer should be simple: the worker is not booked until it is.

• Who checks and how
• How records are kept
• What happens if a check cannot be completed

If someone you did not book turns up

If a person arrives saying they were sent by the agency but their name does not match the booking, do not let them start. Contact the agency, confirm who was booked and wait for an answer.

Swapping workers without telling you is a warning sign. It means the person on your site may not have been checked, and it is worth raising with the agency straight away.

• Names checked against the booking
• No start until the agency confirms
• Unannounced swaps raised with the agency

Keep your own sign-in records

Keep a simple record of who worked on your site and when: names, dates and times. It helps you check timesheets, and it shows who was on site if a question is ever asked.

Store the record securely and keep only what you need. A sign-in sheet or a digital log is usually enough.

• Names, dates and times on site
• Records kept securely
• Only the details you need

Questions

Do I have to check the right to work of agency staff?

When the agency employs and pays the worker, the agency carries out the check. Confirm the arrangement in writing when you book.

Should the agency send me copies of workers' documents?

Usually not. The agency holds the evidence as the employer. Asking for copies without a reason creates data protection risks.

What if a worker's permission is time-limited?

A follow-up check is needed before it expires. Ask the agency how it tracks expiry dates.

What should I do if an unexpected worker arrives?

Do not let them start until the agency confirms who was booked and that the person has been checked.

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