A late shift cannot wait for paperwork to catch up. But placing a temporary worker before their immigration status has been checked can create a far bigger operational problem than one unfilled vacancy. Right to work checks for agency workers need to be completed correctly, recorded properly and built into the mobilisation process - particularly where labour demand changes by the hour.
For employers using agency labour, the key question is not simply whether a check has happened. It is who has the legal duty to carry it out, what evidence has been retained and whether the arrangement still protects the business if a worker’s status changes.
Right to work checks for agency workers: who is responsible?
In most temporary agency arrangements, the recruitment agency is the worker’s employer. The agency engages and pays the worker, then supplies them to the hirer. In that situation, the agency is normally responsible for conducting the prescribed right to work check before the worker starts employment.
That does not mean the hirer should take compliance on trust alone. A contractor, manufacturer, warehouse operator or logistics business may still face commercial, reputational and site-security consequences if an ineligible person is working on its premises. Many clients therefore require confirmation that checks have been completed, together with clear contractual terms on responsibility, audit access and notification of any change.
The position changes if your business employs the individual directly. This can happen when you hire an agency worker permanently, engage them after an introduction, or use a different employment model. In these cases, your organisation must complete its own right to work check before employment begins. An agency’s earlier check does not automatically give you a statutory excuse.
Responsibility cannot be signed away through a contract. Agreements should set clear expectations, but they do not remove an employer’s legal obligations where the employer is liable for the worker.
Why agency checks need more than a quick document review
A compliant check is not a tick-box exercise. It must follow the applicable Home Office process and be carried out before employment starts. The person conducting the check must be satisfied that the evidence is genuine, belongs to the individual presenting it and shows they are allowed to do the work offered.
For a worker with an ongoing right to work, the agency generally needs to keep a clear, dated copy of the acceptable evidence or the result of an approved online check. For someone with time-limited permission, the agency must also diarise a follow-up check before their right to work expires. Missing that follow-up can remove the statutory excuse, even when the original check was completed correctly.
The route used depends on the worker’s circumstances. A Home Office online check using a share code is commonly used for people with an eVisa. Identity document validation technology may be used in permitted cases, such as for eligible British and Irish citizens. Other workers may need a manual document check. The correct route matters, so teams should work from current Home Office guidance rather than relying on an old process or a photocopy supplied by the worker.
A National Insurance number, a driving licence, a CV or an expired document is not, on its own, proof of a right to work. Neither is verbal reassurance from another supplier.
The practical checks a hirer should expect from an agency
A reliable agency process should show control at every stage, not just a declaration that documents were seen. Before workers are submitted or sent to site, the agency should be able to confirm that it has:
- established the worker’s identity and checked that the evidence relates to them;
- completed the appropriate prescribed right to work check before the assignment starts;
- retained a secure, clear and dated record of the check;
- recorded any work restrictions, expiry dates and required follow-up dates; and
- confirmed that the role, hours and location are permitted by the worker’s immigration status.
The final point is often missed. A person may have a right to work but face restrictions on the type of work, hours or dates they can undertake. This can be particularly relevant for students, workers with time-limited visas and assignments that involve irregular shift patterns. A compliant placement is one that matches the individual’s permission, not merely one that has a document on file.
Build compliance into urgent staffing requests
Urgent cover creates pressure, but it should not lower the standard. If a production line is short of operatives, a civil engineering project needs additional labourers or a distribution centre needs night-shift staff, the compliance question should be resolved before a candidate reaches the gatehouse.
The most effective approach is to make right to work status part of the initial worker record. It should be reviewed during registration, checked again against the assignment requirements and verified before final submission. Automation can accelerate document chasing, expiry reminders and record management. Consultant oversight remains essential where documents are unclear, restrictions apply or a candidate’s circumstances do not fit a standard route.
At Recruitment Direct, this hybrid approach supports fast fulfilment without separating speed from accountability. AI-led sourcing and applicant contact can identify available workers quickly, while consultant review and compliance verification determine who is ready to be put forward.
For hirers, the operational benefit is straightforward: fewer last-minute withdrawals, fewer site-access disputes and a clearer audit trail when procurement, HR or a principal contractor requests evidence.
Set the right expectations in your agency agreement
A good agency agreement should define compliance responsibilities before labour is needed. It should state that the agency will complete and retain prescribed checks, monitor time-limited permissions and notify the hirer promptly if a worker can no longer be supplied.
It should also cover the information the hirer needs to make safe deployment decisions. That may include confirmation of right to work completion, relevant restrictions, assignment dates and the worker’s identity details for site induction. Be careful not to request or retain more personal immigration information than your business needs. Data should be handled securely and only by authorised people.
For higher-risk environments, consider a proportionate audit process. This could involve periodic compliance reports, sample file reviews and a named escalation contact. The goal is not to duplicate every agency check. It is to ensure your supplier has a process that works when demand spikes, staff change and multiple sites are running at once.
Avoid inconsistent or discriminatory checking
Every potential worker must be treated fairly. Do not ask only people you believe to be foreign nationals for evidence. Employers and agencies should apply the same right to work process to all candidates, regardless of nationality, accent, name or appearance.
This protects workers from unfair treatment and protects the business from discrimination risk. It also produces a cleaner process: every assignment follows the same controlled path, from registration through to placement and any necessary repeat check.
When a worker moves from agency to permanent employment
A permanent hire is a new compliance point. If you employ an agency worker directly, complete a fresh right to work check before their first day as your employee, even if they have worked at your site for months.
This is especially relevant where a manager offers a role quickly after a successful assignment. Make the handover conditional on HR or the appointed recruiting manager completing the required check. A fast offer is good workforce planning. Starting before the check is complete is avoidable risk.
Keep records ready for inspection
The evidence is as important as the check itself. If your organisation is responsible for the worker, retain the required copy or online-check output securely for the duration of employment and the required retention period afterwards. Ensure records can be retrieved promptly, even if the manager who made the original hire has moved on.
For agency labour, keep your own supplier assurance records alongside assignment data. Record the agency, worker name, assignment dates, site, confirmation received and any restrictions relevant to the role. This is not a substitute for the agency’s statutory records, but it demonstrates that your business manages labour supply responsibly.
The right supplier should make compliance easier to evidence, not harder to chase. When urgent labour is required, ask early who has checked the worker, what restrictions apply and whether the individual is genuinely cleared to start. That short conversation protects the shift, the contract and the people responsible for both.
