Employee Checking Service (ECS) UK – Employer’s Guide [2025]

When you’re running a business in the UK and hiring new staff, making sure they have the right to work is one of the most important things you need to get right. But what happens when the usual right to work documents aren’t available? This is where the Employee Checking Service (ECS) comes in.

In this guide, we’ll go over what the ECS is, how it works, when you should use it, and what to do if things don’t go as planned. Whether you’re new to hiring or looking to tighten up your HR processes, this article is here to help.

What Is the Employee Checking Service?

The Employee Checking Service is a free Home Office service that lets UK employers confirm whether someone has the legal right to work, even when the usual documents or online share codes can’t be provided.

When you use the ECS correctly, you’ll receive a Positive Verification Notice (PVN) from the Home Office. This PVN acts as proof that you’ve done your checks properly. It also gives you protection from civil penalties for up to six months.

The ECS is particularly useful for employers dealing with workers who have complicated immigration situations or are waiting on a decision from the Home Office.

When Should Employers Use the ECS?

Most of the time, employers can check a worker’s right to work using physical documents or the online service with a share code. But there are several situations where the ECS becomes necessary:

• The worker has a pending visa or immigration application
• They’ve appealed a refusal and are waiting for a result
• Their details aren’t showing in the online right to work system
• They’re a non-EEA national who doesn’t have physical documents

Common examples include people applying for further leave to remain (FLR), asylum seekers, or those who’ve switched visa types while in the UK.

In all these cases, it’s advised to use the ECS instead of relying on standard document checks.

How to Use the Employee Checking Service

Step by Step Process

1. Go to the GOV.UK Employee Checking Service webpage
2. Fill in the worker’s full name, date of birth, and nationality
3. Enter their Home Office reference number or case ID
4. Upload or submit any required documents
5. Submit the request and wait for confirmation by email

You’ll usually receive a response within five working days, though it may take longer in some cases.

What You’ll Need

Before you get started, make sure you have:

• A copy of the applicant’s ID (passport or other official document)
• Their Home Office reference number or case ID
• Evidence that they’ve applied for a visa or immigration decision

Without the right information, your request may be delayed or rejected.

What Is a Positive Verification Notice (PVN)?

A Positive Verification Notice is an official response from the Home Office confirming that a person has permission to work in the UK. Once issued, this notice gives you a statutory excuse for up to six months.

That means if you’re ever audited, and you’ve got a valid PVN for the employee in question, you won’t be fined for employing them even if their status later changes.

However, PVNs do expire, and if the employee is still working for you when it runs out, you’ll need to carry out another check.

What If the ECS Returns a Negative Result?

Sometimes, the ECS may come back saying that the person doesn’t currently have the right to work. If this happens, you’re not legally allowed to employ or continue employing them unless further evidence becomes available.

You may want to:

• Ask the worker for updated records or new case details
• Encourage them to contact the Home Office
• Get advice from an immigration solicitor

If you ignore a negative result and continue to employ someone, you risk a civil penalty of up to £60,000 per worker.

Employer Responsibilities and Right to Work Compliance

UK employers have a legal duty to confirm every worker’s right to work before they start their job, and in some cases, you’ll need to re-check during their employment too.

Here are a few key points to keep in mind:

• ECS checks are only valid when traditional documents or share codes can’t be used
• You must keep records of all ECS submissions and PVNs
• The statutory excuse only protects you if you’ve used the ECS correctly
• Re-checks are required when a PVN expires

Failing to follow these rules could lead to serious fines and reputational damage, especially if your business is audited.

Retaining Right to Work Records

It’s not enough to do the right checks you also need to store the evidence properly.

For ECS cases, you must:

• Keep a copy of the PVN (digital or paper)
• Keep any additional proof such as ID documents
• Retain all records for the duration of employment plus two years

Digital storage is perfectly acceptable as long as the files are secure and can be accessed easily if needed during an audit.

Follow-Up Right to Work Checks

If you receive a PVN that’s valid for six months, and the employee is still working for you when it expires, you’ll need to carry out another ECS check.

This applies especially to people whose immigration status is temporary, or those waiting for a decision from the Home Office. It’s a good idea to set up calendar reminders for re-checks to stay on top of compliance.

Employees with Expiring Leave

If an employee’s visa is about to expire, but they’ve submitted a new application before the deadline, you can use the ECS again to confirm they still have the right to work.

As long as they’ve applied in time, their leave is considered continuing until the Home Office makes a decision. Employers should keep a close eye on expiry dates to avoid any unintentional illegal working situations.

ECS vs Online Right to Work Checks

The online checking service is usually quicker and easier, especially when the worker can provide a share code. It gives instant results and is preferred in most situations.

The ECS should be used only when:

• The online service doesn’t show any results
• The employee can’t provide physical or digital proof
• There’s an active immigration application pending

Because the ECS can take several days, it’s worth using the online system whenever possible.

Using a Certificate of Application (CoA) with ECS

A Certificate of Application (CoA) is issued when someone applies for certain types of immigration status, such as under the EU Settlement Scheme.

This certificate can be used alongside the ECS to show that a case is in progress. In most cases, it’s valid for 90 days, though extensions may apply depending on the situation.

The CoA offers a temporary way to confirm someone’s right to work while waiting for a final decision.

Handling Allegations of Illegal Employment

If you’re accused of employing someone illegally, you have four options depending on the situation:

1. Pay the Penalty

You accept responsibility and pay the fine issued by the Home Office. This brings a quick end to the matter but is seen as an admission of guilt.

2. Object to the Penalty

You can submit a written objection within 28 days, providing evidence that correct checks were carried out. If successful, the fine may be reduced or cancelled.

3. Appeal the Penalty

If your objection is rejected, you can appeal through a tribunal. You’ll usually need legal representation for this.

4. Improve Your Internal Processes

Regardless of the outcome, it’s wise to review your HR procedures, train staff on how to use ECS properly, and schedule regular internal audits.

Common ECS Use Cases

• Pending visa extensions or FLR applications
• Appeals against refused visas
• Asylum seekers with case references
• Lost or expired biometric residence cards
• Switching visa categories while in the UK

These are just a few examples where ECS can help you confirm your legal right to work.

Employee Checking Service FAQs

What is the Employee Checking Service used for?

To check the right to work when someone can’t show physical documents or share a digital code.

How long does ECS take to respond?

Usually within five working days, though it can vary.

Is ECS a legal right to work check?

Yes. If a PVN is issued, it provides legal cover for six months.

Can I continue employing someone while waiting for ECS results?

No. You must wait for the PVN unless you already have valid proof of right to work.

Do I need to keep a copy of the PVN?

Yes. You must store it securely for the duration of employment plus two years.

The Employee Checking Service is an essential tool for UK employers dealing with complex immigration cases. When traditional checks aren’t possible, ECS allows you to verify someone’s status and stay compliant with the law.

By using ECS properly, storing records correctly, and keeping up with follow-up checks, you can protect your business from penalties while treating your employees fairly.

Need help with right to work checks or ECS issues? 

Call Deluxe Law Chambers today on 0161 464 4140 or book an online appointment to speak with a solicitor. We offer free advice to employers looking to get it right.