Guide • Compliance • 14 min read
Right-to-work checks in Ireland and the UK
How to verify a candidate's right to work in Ireland and the UK, avoid illegal-working penalties, and keep compliant records.
Why right-to-work checks matter
Employers in Ireland and the UK have a legal duty to ensure that everyone they employ is permitted to work. Getting this wrong exposes the business to civil penalties and, in serious cases, criminal liability. It is the local equivalent of the US I-9 process, but the rules, documents and record-keeping requirements are different and must not be conflated.
The right approach is to check consistently for every new hire, not selectively, because inconsistent checking risks discrimination claims. Build the check into your standard onboarding workflow so it happens the same way every time.
The position in Ireland
Irish and EEA/Swiss nationals have an automatic right to work in Ireland. Non-EEA nationals generally require an employment permit (such as a Critical Skills Employment Permit or a General Employment Permit) or another permission that allows employment, such as certain immigration stamps. The Department of Enterprise, Trade and Employment administers the employment-permit system.
Employers should verify the person's nationality and, where relevant, sight and record the appropriate permit or immigration permission before employment begins. Employing a non-EEA national without the required permit is an offence, so retain evidence of the check and diary any expiry dates so permissions are renewed in time.
The position in the UK
In the UK, employers must carry out a prescribed right-to-work check to establish a statutory excuse against a civil penalty for illegal working. Since Brexit, EU nationals no longer have an automatic right to work and must evidence their status, most commonly through the online share-code service or under the EU Settlement Scheme.
There are three routes: a manual document check, the Home Office online checking service (using a share code), or the use of a certified Identity Service Provider for certain document holders. Follow the current Home Office guidance precisely, because the accepted document lists and processes are updated periodically.
Records, timing and repeat checks
Carry out the check before employment starts, retain a clear dated copy of the evidence for the duration of employment and for a defined period afterwards, and store it securely in line with the GDPR. For people with time-limited permission, schedule a follow-up check before their permission expires.
An HRIS helps by storing right-to-work evidence against each employee record with restricted access, and by triggering reminders ahead of expiry dates. This turns a compliance risk into a routine, automated step rather than something that depends on an individual remembering to act.
