If you’re a healthcare organisation using agency staff, it’s essential to understand your responsibilities around right to work checks.
With increasing scrutiny from the Home Office, even when you’re using a staffing agency, the responsibility doesn’t stop at the agency door. While agencies take on some of the compliance burden, healthcare providers can still be held accountable. If right to work checks aren’t properly completed, your organisation could face fines of up to £20,000 per illegal worker, as well as serious reputational damage.
Several providers have already faced penalties for relying solely on agencies without verifying that workers had the correct permissions.
You may be able to build some protections into your contracts with agencies, but you cannot fully remove your legal responsibility. That’s why it’s vital to understand the different visa types you’re likely to encounter and how to stay compliant.
Common Types of Right to Work Status
Many agency healthcare workers don’t hold British passports. Here’s a quick breakdown of the most common visa types and what you need to know about each:
| Visa Type | What It Allows | What You Need to Check |
|---|---|---|
| British Citizen | Full, unrestricted work rights | Simple passport check |
| EU Settled/Pre-Settled Status | Work rights granted post-Brexit | Verify digital status |
| Student Visa | Up to 20 hours per week in term time, full-time in holidays | Check they’re still enrolled, confirm term dates, track hours |
| Skilled Worker Visa | Work in the specific job they’re sponsored for, plus up to 20 hours per week in similar jobs | Check job title matches certificate of sponsorship and ensure visa is valid |
| Spouse/Partner Visa | Typically unrestricted but time-limited | Confirm visa is valid and in date |
Pitfalls to Avoid
Even if your staffing agency is handling checks, you’re still exposed to risk if something is missed. Common issues include:
- Students working more than their permitted 20 hours during term time
- Individuals no longer enrolled in education still working on student visas
- Skilled worker visa holders working outside their sponsored role, such as a care worker taking on a kitchen shift
- Expired visas or incomplete documentation
If the Home Office inspects your service, you may be asked to provide evidence of right to work checks, even for agency staff.
How to Protect Your Organisation
Here’s what we recommend:
- Ask to see right to work evidence whenever an agency worker arrives on site
- Keep a copy or record of what you’ve seen, following GDPR requirements
- Do not allow someone to start work unless you are confident they have the correct permissions
- Carrying out these checks gives you peace of mind and protects your organisation from penalties and compliance failures.
How Florence Helps
Florence is the only neutral vendor with an agency management solution that includes right to work checks as part of its core service.
While many other managed service providers and neutral vendors leave this to the agency and rely on superficial, retrospective, sample audits; Florence actually verifies documents, tracks expiry dates, and ensures you stay compliant across every site.
If you’re working with multiple agencies and need support managing compliance, Florence can help.