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Statutory excuses: prescribed right-to-work checks

A statutory excuse is a defence within the illegal-working civil penalty framework. It depends on the prescribed check and the circumstances of the employment, rather than the brand of software used to store a document.

Choose the method for the person's circumstances

The current Home Office employer guide sets out manual checks, the Home Office online service, eligible digital right-to-work verification and the Employer Checking Service. Follow the applicable method, including the required identity comparison, work restrictions and retained evidence.

A share code, passport copy or provider result on its own is not a completed employer process. Check what the employer must do with the result and record the date. Initial checks need the correct timing before work begins; a later check cannot retrospectively prove an earlier check happened.

Understand whether a follow-up is needed

Acceptable evidence can establish an ongoing or time-limited excuse. The manual lists include specified document combinations, so avoid treating a single item as sufficient in every case. Online results and Positive Verification Notices have their own requirements.

Review the current rules for outstanding applications and appeals. A limited continuation of an existing excuse applies in specified circumstances; it is not general permission to start a new worker while any check is pending. See follow-up checks.

Keep the defence separate from other questions

The civil penalty code explains the penalty framework. A missing file is not itself proof of illegal working, and possession of a file does not provide immunity where the relevant requirements are not met. Knowledge of illegal working and reasonably apparent falsity matter.

Fair treatment is a separate requirement. Apply a consistent checking policy without assuming nationality or appearance determines eligibility. Concerns about a particular case need a reasoned review and, where appropriate, advice.

Certifyd connects evidence, dates and review decisions. The employer or responsible organisation conducts the prescribed process; the record system does not itself create the excuse.