Right to Work Checks for EEA & Swiss Workers: Important Must-Knows for UK Employers

Ensuring compliance with right to work (RTW) checks is a fundamental obligation for all UK employers. Since the end of free movement following Brexit, the rules for employing EEA and Swiss nationals have changed significantly.

Failure to carry out compliant checks can result in severe penalties, including civil fines and reputational damage. This guide outlines the key considerations for employers when hiring EEA and Swiss workers.

The Post-Brexit Position

EEA and Swiss nationals are no longer automatically entitled to work in the UK. Instead, they must demonstrate their right to work through one of the following:

• Settled or Pre-Settled Status under the EU Settlement Scheme (EUSS)
• A valid UK visa (e.g. Skilled Worker visa)
• Another form of immigration status permitting work

Importantly, employers must not assume eligibility based on nationality alone.

Conducting Right to Work Checks

Employers must carry out RTW checks before employment begins. There are three main methods:

1. Online Right to Work Checks

This is the most common method for EEA and Swiss nationals.

Employees provide a share code, which allows employers to verify their status via the Home Office online checking service. Employers must:

• Access the individual’s RTW profile
• Confirm that the photograph matches the individual
• Retain evidence of the check (e.g. a PDF or screenshot)

2. Manual Document Checks

Manual checks are now limited and generally apply only where individuals hold physical documents that are still acceptable under Home Office guidance.

• Check original documents in the presence of the individual
• Verify authenticity and validity
• Retain clear copies with the date of the check

3. Employer Checking Service (ECS)

Where an individual cannot provide acceptable documents or a share code, employers may use the Employer Checking Service to obtain a Positive Verification Notice (PVN).

This provides a statutory excuse for a limited period.

The EU Settlement Scheme (EUSS)

EEA and Swiss nationals who were resident in the UK before 31 December 2020 were generally required to apply under the EUSS.

• Individuals with Settled Status have indefinite permission to work
• Those with Pre-Settled Status have time-limited permission and may require follow-up checks

Employers are not required to conduct retrospective checks on existing employees where compliant checks were previously completed.

Avoiding Discrimination

Employers must conduct RTW checks consistently across all employees, regardless of nationality.

• Do not request additional documents from specific nationalities
• Do not refuse employment based on assumptions
• Follow uniform procedures for all candidates

Penalties for Non-Compliance

• Civil penalties of up to £20,000 per illegal worker
• Criminal liability for knowingly employing illegal workers
• Sponsor licence suspension or revocation
• Reputational and operational damage

Best Practice for Employers

• Implement clear RTW procedures
• Train HR staff regularly
• Maintain accurate records
• Conduct follow-up checks when required
• Stay updated on immigration rules

How We Can Help

• Developing RTW policies
• Compliance audits
• Advising on complex cases
• Support during Home Office investigations

Conclusion

Right to work checks have become more complex following Brexit. Employers must take a proactive and consistent approach to compliance to avoid significant penalties.

By implementing robust systems and understanding legal obligations, businesses can confidently manage their workforce.