Guidance

Avoiding discrimination while preventing illegal working: code of practice, 2014

Guidance for employers on how to avoid discrimination when carrying out right to work checks.

From:
UK Visas and Immigration and Immigration Enforcement
Published
16 May 2014
Last updated
3022 JuneMarch 20262022 — See all updates

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Code of practice for employers: avoiding unlawful discrimination while preventing illegal working

PDF, 62.4 KB, 11 pages

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Code of practice for employers: avoiding unlawful discrimination while preventing illegal working:working, Octoberin 2026force from 6 April 2022 (accessible version)

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Code of practice for employers: avoiding unlawful discrimination while preventing illegal working:working, Octoberin 2026force from 6 April 2022

PDF, 206200 KB, 1416 pages

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Draft code of practice for employers: avoiding unlawful discrimination while preventing illegal working, March 2022

Ref: ISBN 978-1-5286-3225-6 Unnumbered act paper PDF, 221 KB, 21 pages

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https://webarchive.nationalarchives.gov.uk/ukgwa/20220329170011/https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination

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Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.

Employers must carry out right to work checks on their workersemployees. before they employ them. This code of practice provides practical guidance on how to avoid unlawfulillegal discrimination when carrying out thesethe checks.

Check if someone can work in the UK using our quick answer tool.

If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.

Updates to this page

Published 16 May 2014

Last updated 3022 JuneMarch 2026 —2022 + show Show all updates

    2. Updated to reflect digital right to work checks, including the online service and eVisas. Clarified equal treatment, use of the Employer Checking Service, and safeguards for those who cannot access digital services. Aligned with current legislation and applies from 1 October 2026.

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