Right to work in construction: questions and answers
Short answers, each with its GOV.UK source.
The free official route. You can do every right to work check yourself, free, on GOV.UK. Start at Checking a job applicant's right to work. For a share code, use Check a job applicant's right to work: use their share code. If the person cannot show their status, use Use the Employer Checking Service.
Do I need to check the right to work of my CIS subbies?
Since 1 October 2026, yes in most cases. If you take on a self-employed person to do work you have agreed to do for someone else, they count as an "individual sub-contractor" and you need a check before they start. Deals made before 1 October 2026 are not brought in just because work carries on.
Source: Right to work checks: an employer's guide (1 October 2026)
Is there a grace period for the new rules?
No. The Home Office says the rules apply from 1 October 2026 and there is no general grace period.
Source: Employer's guide to right to work checks (PDF, 1 October 2026)
Can my payroll bureau or an agency do the check for me?
Only in some ways. Home Office guidance says you cannot rely on a check done independently by an outside firm, such as an agency or adviser, unless it is done through a registered digital checking provider (an RtW DVSP). Someone acting under your control and direction can do the check for you, but you stay responsible.
Source: Employer's guide to right to work checks (PDF, 1 October 2026)
How much is the fine for employing an illegal worker?
The starting point is £45,000 per worker for a first breach and £60,000 per worker for a repeat breach within 3 years. It can be cut by £5,000 for reporting and £5,000 for helping the Home Office. A first penalty paid in full within 21 days is cut by 30%.
Source: Code of practice on preventing illegal working: Right to Work Scheme for employers (1 October 2026); Penalties for employing illegal workers
Do British workers need a check?
Yes. You must check everyone in the same way. British and Irish citizens cannot get a share code, so you check their original passport, or a UK birth certificate with an official document showing their National Insurance number. A registered digital checking provider can also check a British or Irish passport.
Source: Checking a job applicant's right to work
How long do I keep right to work records?
For as long as the person works for you, and for 2 years after they stop. Then destroy them securely.
Source: Checking a job applicant's right to work
Do I need to check a subbie who trades through a limited company?
If you buy a job from their company for your own use, you do not need to check the person. If you use their company to do work you have agreed to do for someone else, extended liability can apply. Then you need written contract terms and ID checks in place before work starts.
Source: Employer's guide to right to work checks (PDF, 1 October 2026); Code of practice on preventing illegal working: Right to Work Scheme for employers (1 October 2026)
What is a share code?
A 9-character code starting with W that a worker gets free from GOV.UK. You enter it with their date of birth on the GOV.UK employer page to see their right to work. It lasts 90 days.
Source: Prove your right to work to an employer; Check a job applicant's right to work: use their share code
Does the right to work check cost anything?
The GOV.UK online check and the Employer Checking Service are free. A registered digital checking provider may charge its own fee.
Source: Checking a job applicant's right to work; Use the Employer Checking Service
What if a worker cannot show their status?
If they are waiting for a Home Office decision, or cannot get a share code, use the Employer Checking Service. You need a Positive Verification Notice before they start. It lasts 6 months.
Source: Use the Employer Checking Service; Employer's guide to right to work checks (PDF, 1 October 2026)
Want us to handle it?
Sovereign Plus runs CIS payroll for construction firms. Let us check your gang's right to work as part of payroll, keep the records, and remind you before follow-up checks are due.
One thing to know: Home Office guidance says a check only protects you if you do it, someone working under your control does it, or it is done through a registered digital checking provider (an RtW DVSP). Ask us how we set this up for your firm.
Last checked against GOV.UK: .