Right to Work Checks in Schools: Common Pitfalls

Right to Work Checks in Schools: Common Pitfalls (and How to Evidence Them Correctly)

Right to work checks are not just HR admin — they’re a legal requirement for every employer and a frequent “quick test” of whether recruitment systems are robust. In schools, the risk is usually not that checks weren’t done, but that the evidence trail is incomplete or the check method used wasn’t valid for that person’s status.

This guide is written for school HR teams, DSLs, business managers and headteachers who want a clean, inspection-ready process and a Single Central Record (SCR) that stands up to scrutiny.

What a compliant right to work check must achieve

Home Office guidance is clear: a correct check gives you a “statutory excuse” against a civil penalty if you unknowingly employ someone who isn’t allowed to work. That “excuse” depends on using the correct check type, doing it before employment starts, and keeping the right evidence (plus follow-up checks where time-limited).

The 3 valid right to work check routes (know which one to use)

1) Online check (share code)

Use this when the person has digital immigration status and provides a right to work share code and DOB. The employer checks the person’s status online and keeps evidence of the outcome.

2) Manual document check (original documents)

This is the traditional “see original documents” route (with strict steps about what you check and what you copy/record).

3) Digital ID verification (IDVT) for certain British/Irish passport holders (via an IDSP)

Home Office guidance allows specific digital identity routes in defined circumstances (this trips schools up if they assume any digital scan is fine). Always align to the current Employer’s Guide wording.

The top right to work pitfalls schools get caught by

Pitfall 1: “We saw a passport photo” (but not a valid check)

A photo on a phone, a photocopy, or an email scan isn’t automatically a compliant check. You must follow one of the valid routes above and keep the right evidence for that route.

Fix: Put the check method on your SCR (Manual / Online / IDVT) so it’s obvious what process was used.

Pitfall 2: Using the online service incorrectly (wrong code / no DOB / no saved result)

For online checks you need the person’s share code and date of birth, and you must retain evidence of the result.

Fix: Save the outcome (PDF/screenshot/online result page per your policy) and record:

• check date
• checker initials
• time limit end date (if any)

Pitfall 3: No follow-up check for time-limited permission

If the online check shows a time limit, you need a follow-up check before permission expires to keep your statutory excuse.

Fix: Add an SCR column: “RTW follow-up due date” and run a monthly reminder report.

Pitfall 4: “They’re agency, so we don’t do it”

Supply/agency arrangements often mean the agency performs checks — but schools still need clear evidence of what’s been assured and where it’s recorded (and inspectors will expect your systems to be effective across all adults working with children).

Fix: Standardise how you evidence third-party assurance (e.g., written confirmation) and keep it consistent across sites.

Pitfall 5: SCR entries that are too vague

“RTW = Yes” doesn’t help when someone asks “How do you know?” Schools lose time on inspection day trying to locate evidence.

Fix: Make your SCR entries audit-friendly (see template below).

What to record on the SCR (best-practice columns)

Right to work is one of the checks schools are expected to record within the single central register/record framework.

Recommended SCR columns for Right to Work:

• RTW check date
• Checked by (initials)
• Evidence location (HR system ref / secure folder path / personnel file ref)
• Time-limited? (Y/N)
• Permission expiry date (if applicable)
• Follow-up due date (if applicable)

This structure is also consistent with the wider principle that the SCR is the evidence base for statutory checks.

Evidence checklist (what you should be able to show in 30 seconds)

For online checks (share code route):

• the check outcome (saved per policy)
• the date you did it
• any restrictions / expiry date shown by the service

For manual checks:

• copies of acceptable documents + the required record of when the check was done (per the Employer’s Guide)

For time-limited status:

• a diarised follow-up plan (and proof you action it)

Inspection reality: why this matters (Ofsted / ISI)

Independent school inspections explicitly state the single central register will be scrutinised and sampled, particularly for recent recruits. Even when right to work isn’t the headline, weak evidence habits tend to show up quickly in SCR sampling.