A new right to work review scheme arrived on 1 October 2026, and most employees do not know they can use it. Here is what to do if your employer has just told you that your documents do not count.

Wrong right to work check? Your appeal rights in October 2026

Updated 20 October 2026

From 1 October 2026, an employer who decides that the right to work documents you have provided are not good enough has to tell you why in writing, point you to a Home Office review route, and give you a reasonable chance to put fresh evidence in before any dismissal takes effect. You now have a clear, written route to challenge a refusal, a clock to keep, and a named place to send the challenge. Three things change for you: a written reason becomes a legal must, the review request is free, and the Home Office must respond within about 20 working days before your employer can rely on the decision.

Can I appeal a failed right to work check in October 2026

Yes. If your employer has told you, on or after 1 October 2026, that your right to work evidence is not acceptable, you can ask the Home Office to look at the decision again under the new statutory review scheme. You do not have to pay a fee to start the review, and your employer is not allowed to treat the decision as final until the Home Office has either confirmed it or the response window has closed.

The new rule sits on top of your existing rights, not in place of them. If your employer dismissed you, or is about to dismiss you, because of your nationality, race or immigration status, that may still be race discrimination under the Equality Act 2010 and you can bring an Employment Tribunal claim. A right to work refusal is a fact finding exercise; it is not a defence to discrimination.

The review scheme is also separate from any right to work check that your employer is supposed to carry out before you start work. If the original check was not done correctly, that is a separate problem and your employer is the one who carries the civil penalty, not you.

How long do I have to ask for a right to work review

You normally have 28 days from the date your employer writes to you with the refusal, and the clock starts on the date on the letter, not the date you opened it. If you have a good reason for missing the deadline, such as a hospital stay or a bereavement, the Home Office will consider a late request, but you have to explain the delay in writing and back it up if you can.

Your employer must give you the review form or the link to it at the same time as the written refusal. If they have not done that, point this out in writing and ask for the form straight away, because the 28 days should run from when you actually receive the information, not from when they say it was sent.

During the review window, your employer should not take any final step. That means no dismissal letter, no P45, no final payslip. If they push you out before the review is closed, that is a strong indicator of a constructive dismissal claim or a discriminatory dismissal claim that a tribunal will want to look at carefully.

What evidence can I send to the Home Office review

Send everything you can that proves you have the right to work, in the format that the Home Office accepts. For British and Irish citizens, that is usually a valid passport or a birth certificate plus proof of address. For settled or pre settled status, that is a share code from the online right to work service. For visas, it is the eVisa account or the physical document if one has been issued.

If the original problem was a technical issue, such as an expired BRP, a name change, an address mismatch or a damaged document, write a short covering note explaining what happened, attach a clear scan or photograph of the document, and add any supporting proof such as a deed poll, a marriage certificate or a Home Office acknowledgement letter.

Do not send original documents. The Home Office will not return them. Send scans in colour where you can, keep copies of everything you send, and ask for an email acknowledgement so you have proof of the date you asked for the review.

Can my employer still dismiss me while the review is open

No, not lawfully. The new code is explicit that an employer should pause any dismissal action until the Home Office has either confirmed the original refusal or the response window has closed without a reply. If your employer ignores this, that is evidence of a harassment related dismissal and you should keep every email, message and letter.

If the Home Office confirms that your documents are fine, your employer has to take you back, or pay you for the time you were kept out, and a failure to do that is likely to be an automatically unfair dismissal. If the Home Office agrees with your employer, you still have a right to ask why and to consider a discrimination claim if the underlying reason for the refusal was your race or nationality.

Remember that written reasons for dismissal are a day one right. Ask for them in writing if your employer has not already provided them, and that letter is usually the cleanest piece of evidence you will ever get.

What to do in the meantime

First, ask your employer in writing for the written reason for the refusal, the date the decision was made, and the Home Office review form. Keep this short and to the point, send it by email so you have a timestamp, and copy your personal email.

Second, gather every document that proves you can work in the UK, scan it in colour, save it to a folder you control, and pull a fresh share code if you need one.

Third, submit the review request within the 28 day window, keep the acknowledgement email, and do not resign before the review is closed.

Fourth, if your employer pushes you out, docks your pay, or moves you to a worse shift before the review is closed, contact ACAS on 0300 123 1100 the same day, ask for early conciliation, and speak to a solicitor who handles employment settlement agreements and discrimination claims, because the time limit for an Employment Tribunal claim is short.