When you hire a temporary worker directly, the right-to-work check is your responsibility — the same as for any permanent employee. When you use an agency to supply workers, the agency must conduct the check — but you must obtain written confirmation that they have done so. If you do not, and the worker has no right to work, you will face the same civil penalty as if no check was ever carried out.
What counts as a temporary or agency worker?
For right-to-work purposes, the key distinction is not whether someone is "temporary" but whether they are engaged directly or through a third party.
Direct temporary hire: you advertise, select, and engage the worker yourself, even if only for a short period. A seasonal worker hired for Christmas, a cover worker for maternity leave, or a trial worker taken on for a week — all are your direct responsibility.
Agency worker: a recruitment or staffing agency finds the worker and places them with you. The agency is the employer of record; you are the end-user client.
Zero-hours worker: engaged directly by you, available when needed, no guaranteed hours. Right-to-work checks apply from the first shift.
Direct temporary hires — your full responsibility
If you hire a temporary worker directly, the rules are identical to hiring a permanent employee:
- Conduct a right-to-work check before the first day of work — not after, not on the first day
- Use the online share code service (for overseas nationals) or check an original document (for British/Irish citizens)
- Keep the evidence for the duration of employment plus 2 years — even if they only worked one day
- Conduct a follow-up check before any time-limited permission expires
There is no shorter retention period or lighter process because the hire is temporary. A worker who joins for three weeks requires the same check as a worker who joins on a permanent contract.
Agency workers — who does the check?
When a worker is supplied through a recruitment or staffing agency, the responsibility for conducting the right-to-work check sits with the agency, not with you as the end-user employer.
However, you do not simply trust that the check has been done. The Home Office requires you to obtain written confirmation from the agency that:
- A right-to-work check has been conducted on the worker
- The worker has the right to work in the UK
Without this written confirmation, you do not have a statutory excuse. If the worker is subsequently found to have no right to work, you face the same civil penalty as if no check was conducted.
What written confirmation should include
The confirmation from the agency should state:
- The worker's name
- That a right-to-work check has been conducted
- The date the check was conducted
- That the worker has the right to work in the UK (and any conditions, such as working hours limits for student visa holders)
Keep this confirmation on file for the duration of the assignment plus 2 years.
What if you suspect the agency has not done the check?
If you have reason to believe the agency has not conducted a proper right-to-work check, you should:
- Request written confirmation before allowing the worker to start
- If you cannot obtain confirmation, do not allow the worker to begin work
- If a worker is already working and you become aware the check was not done, seek legal advice before taking any action
Do not assume the check has been done because you know the agency. Written confirmation is the only protection.
Summary: who is responsible?
| Engagement type | Who conducts the check | What you must keep | |---|---|---| | Direct temporary hire | You | Copy of document / share code screenshot + 2 years | | Zero-hours worker (direct) | You | Copy of document / share code screenshot + 2 years | | Agency worker | The agency | Written confirmation from the agency + 2 years | | Contractor (genuinely self-employed) | Neither (duty does not apply) | N/A |
Common mistakes with temporary and agency workers
Assuming short assignments need lighter checks. The law applies regardless of contract length. A one-day cover shift requires a check identical to a permanent hire.
Not chasing written confirmation for agency workers. Many employers assume the agency has done the check and never request confirmation. This leaves them unprotected.
Forgetting follow-up checks. If a temporary worker is on a time-limited visa and keeps getting rehired — perhaps seasonally — you may need to conduct follow-up checks as their permission renews or expires.
Treating zero-hours workers differently. Zero-hours workers are workers with the same right-to-work obligations as employees. The check must be completed before their first shift.
Tracking temporary and agency workers
Temporary hires present a specific tracking challenge: they are often brought in at short notice, records are kept less rigorously, and by the time a Home Office inspection happens, the original paperwork may be difficult to locate.
KornerIQ logs right-to-work checks for every worker — permanent, temporary, or agency — and keeps evidence on file for the full retention period. Expiry alerts fire automatically for any time-limited permission, so follow-up checks are never missed even when the worker has not been in regularly.
Frequently asked questions
Does the right-to-work duty apply to unpaid workers or volunteers? No. The right-to-work obligation applies only to workers you pay. Unpaid volunteers are outside the scope of the Immigration, Asylum and Nationality Act 2006.
What if an agency worker is then hired directly? When you hire an agency worker directly as your own employee, you must conduct a fresh right-to-work check in your own right — the agency's previous check does not carry over to your direct employment relationship.
Can I conduct the right-to-work check on behalf of an agency? No. The duty rests with the agency. You can request to see the evidence for your own peace of mind, but legally it is the agency's responsibility to conduct and retain the check.
What if a temporary worker's visa expires mid-assignment? You must conduct a follow-up right-to-work check before their visa expires. If the visa has already expired, check their current status immediately and seek legal advice before allowing them to continue working.
Do I need to check right to work for every worker supplied by an umbrella company? If a worker comes via an umbrella company, the umbrella company is typically their employer of record. The right-to-work duty sits with the umbrella company — but you should still obtain written confirmation that the check has been conducted.