How to Check Your Nanny’s Right to Work

You are legally required to check that your nanny has the right to work in the UK before they start their first day of paid work. This is a mandatory step. Failure to do so can result in severe penalties, including fines of up to £60,000 per worker. The check involves either a manual check of original documents (for British/Irish citizens) or an online check using a "share code" (for all other nationalities).

Before your new nanny can start, there is one legal check that is non-negotiable: the "Right to Work" check.

As an employer in the UK, you are legally responsible for preventing illegal working. This means you must verify that every person you hire has the legal right to do the job.

It’s not just paperwork; it’s a core legal duty. Skipping this step, or doing it incorrectly, can lead to life-changing fines. Here’s a simple guide on how to get it right.

Why You Can't Afford to Skip This

The penalties for hiring someone who does not have the right to work are severe.

The Home Office can issue fines of up to £45,000 for a first-time breach. If you are found to be a repeat offender, that fine can rise to £60,000 per illegal worker.

The good news is that by performing a correct check and keeping records, you establish a "statutory excuse." This protects you from a fine, even if it's later discovered the documents were false, as long as you did the check correctly and in good faith.

When to Do the Check

You must perform the check before your nanny starts their employment. A good time to do this is after you’ve made a job offer but before their first paid day.

You must check all new employees, even if they are British or you assume they have the right to work.

How to Do the Check: The 2 Main Methods

The method you use depends on your nanny’s nationality and status.

Method 1: The Online Check (for all non-British/Irish nannies)

This is now the only way to check nannies who hold digital immigration status. This includes:

• Nannies with pre-settled or settled status (from the EU, EEA, or Switzerland)
• Nannies with a Biometric Residence Permit (BRP) or Card (BRC)

• Nannies with a visa (e.g., a Youth Mobility Scheme visa)

You cannot accept their BRP card as a physical document for the check. You must use the online service.

The process is simple:

1. Your nanny must first get a "share code" from the GOV.UK: Prove your right to work service.
2. They give you this 9-character share code (which starts with a 'W') and their date of birth.

1. You (the employer) then use this information on the GOV.UK: View a job applicant's right to work service.
2. You must see the check happen yourself, either in person with the nanny or over a video call, to confirm the photo on the online profile is a true likeness of them.
3. You must save a copy (e.g., a PDF) of the check and store it.

Method 2: The Manual (Physical) Document Check (for British/Irish citizens)

British and Irish citizens often won't have a share code. For these nannies, you must do a 3-step manual check:

Step 1: ObtainAsk your nanny to provide their original, physical documents (photocopies are not allowed). The most common documents are from "List A" (which prove a permanent right to work):

• A valid (or expired) British or Irish passport or passport card.
• A UK birth or adoption certificate PLUS an official document with their permanent National Insurance (NI) number (e.g., a P45, P60, or a letter from HMRC). A birth certificate alone is not enough.

Step 2: CheckWith your nanny present, you must:

• Check that the photo is a true likeness of them.
• Check that the date of birth is consistent.
• Check that the document is genuine, hasn't been tampered with, and is not a copy.

Step 3: Copy

• You must make a clear copy of the entire document (e.g., every page of the passport that has information).
• On the copy, write: "The date on which this check was made was [insert date]."
• Securely store this copy for the duration of their employment, plus two years after they leave.

What if My Nanny Has a Pending Application?

If your nanny's visa has expired but they have an application in progress with the Home Office, they may still have the right to work.

In this situation, you cannot use the normal checks. You must use the Home Office Employer Checking Service (ECS). This service will give you a "Positive Verification Notice" to prove their right to work.

The Employer's Checklist

• DO check every single nanny, no matter what.
• DO check them before they start work.
• DO use the online share code system for all non-British/Irish nannies.‍
• DO check original, physical documents for British/Irish nannies.‍
• DO keep a clear copy of the check and the date it was done.

• DON'T accept photocopies or photos of documents.‍
• DON'T accept a Biometric Residence Permit (BRP) as a physical document. You must get a share code.‍
• DON'T pay your nanny in cash without being a registered employer—this check is just one of your many legal duties.

We can help with the rest

Checking a nanny's Right to Work is the first step in being a compliant employer. The next steps—payroll, tax, pensions, and contracts—are just as important.

Our payroll service takes care of everything for you: From registrations and filings to payslips and payments. We make being a compliant employer simple. Fully digital, no paperwork, no stress.