Skip to main content
Guidance

Avoiding discrimination while preventing illegal working: code of practice, 2026

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

Updates to this page

From:
UK Visas and Immigration and Immigration Enforcement
Published:
16 May 2014
Last updated:
1 October 2026
Show all updates

  1. Added code of practice for employers: avoiding unlawful discrimination while preventing illegal working (in force from 1 October 2026).

  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.

  3. Added accessible version of code of practice for employers: avoiding unlawful discrimination while preventing illegal working, in force from 6 April 2022.

  4. Added code of practice for employers: avoiding unlawful discrimination while preventing illegal working (in force from 6 April 2022).

  5. Added draft code of practice for employers: avoiding unlawful discrimination while preventing illegal working, March 2022.

  6. 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.

  7. added link to new online Employer Checking Service tool

  8. First published.

Documents

Code of practice for employers: avoiding unlawful discrimination while preventing illegal working: October 2026 (accessible version)

HTML

Code of practice for employers: avoiding unlawful discrimination while preventing illegal working: October 2026

PDF, 290 KB, 13 pages

You can find the previous version of this code of practice at the National Archives, along with earlier versions

https://webarchive.nationalarchives.gov.uk/ukgwa/20260701160400/https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination

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.

Sign up for emails or print this page

Related content