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.
Documents
Details
Employers must carry out right to work checks on their workers before they employ them. This code of practice provides practical guidance on how to avoid unlawful discrimination when carrying out these 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
-
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.
-
Added accessible version of code of practice for employers: avoiding unlawful discrimination while preventing illegal working, in force from 6 April 2022.
-
Added code of practice for employers: avoiding unlawful discrimination while preventing illegal working (in force from 6 April 2022).
-
Added draft code of practice for employers: avoiding unlawful discrimination while preventing illegal working, March 2022.
-
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process.
-
added link to new online Employer Checking Service tool
-
First published.