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★ Key takeaway
EU nationals with pre-settled or settled status have full right to work in the UK. Employers must accept the 90-day share code from gov.uk/view-prove-immigration-status as valid proof. Refusal to hire, demands for passport beyond share code, or unequal treatment can breach the Equality Act 2010. Complaints route through ACAS, then Employment Tribunal where needed. Home Office runs the Employer Checking Service for disputes. |
EU nationals holding pre-settled or settled status under the EU Settlement Scheme (EUSS) have the same right to work in the UK as British citizens. Employers are required to accept the 90-day share code generated at gov.uk/view-prove-immigration-status as proof of right to work, using the Home Office's free online employer checking service. Discrimination arising from EUSS status, such as refusing to hire, demanding physical documents that EUSS holders do not possess, or subjecting EU nationals to more onerous checks than British applicants, breaches the Equality Act 2010. This guide covers the legal framework, the share code verification process, common employer pitfalls, the ACAS conciliation route for disputes, and the Employment Tribunal pathway for cases that cannot be resolved informally.
KEY FIGURES
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The legal framework for EU national right to work
EU nationals with EUSS status have the same right to work as British citizens, established through the EU-UK Withdrawal Agreement and implemented in UK law. An employer refusing to hire an EU national with valid EUSS status on grounds of nationality or immigration status commits nationality-based discrimination prohibited by the Equality Act 2010. The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation across all protected characteristics including race (which covers nationality).
Employers running right-to-work checks are required to use the Home Office online checking service via the share code, not to demand physical passport stamps or residence cards which EUSS holders no longer possess. Insisting on alternatives that EUSS holders cannot produce is itself a form of indirect discrimination, since it applies a condition that disadvantages EU nationals more than British applicants.
How the share code system works
EUSS holders generate a share code at gov.uk/view-prove-immigration-status by logging in and selecting "prove my status". The code is 9 characters long, valid for 90 days, and free to generate. The holder provides this code plus their date of birth to the employer. The employer then checks the code at gov.uk/check-immigration-status (the Employer Checking Service), which confirms the holder's name, immigration status, and right to work.
The check takes around 2 minutes, produces a "statutory excuse" for the employer (meaning the employer is protected from civil penalty for illegal working if they followed the correct process), and generates a downloadable record. Employers should retain the record in the employee's personnel file alongside the rest of the right-to-work documentation.
Common employer pitfalls and their consequences
Common mistakes employers make include asking for a Biometric Residence Permit (BRP) that EUSS holders don't have, demanding to see a physical EU passport stamp, treating the share code as invalid because it is digital rather than a physical document, or insisting on additional checks that are not required. Each of these reflects employer unfamiliarity rather than intentional discrimination, but the impact on the EU national is the same: a barrier to employment.
Employers who refuse to hire on this basis can face Employment Tribunal claims for race discrimination, with compensation uncapped for injury to feelings and loss of earnings. Successful claims have produced awards ranging from £5,000 for minor incidents to £50,000+ for clear patterns of discriminatory hiring.
The ACAS Early Conciliation route
Before any Employment Tribunal claim, claimants must notify ACAS (the Advisory, Conciliation and Arbitration Service) to attempt early conciliation. ACAS contacts both parties, explains the legal position, and facilitates a voluntary resolution within a 6-week window. Many disputes resolve at this stage through employer apology, revised hiring decision, or modest compensation without formal proceedings.
ACAS notification is free to the claimant. If conciliation succeeds, the resolution is binding on both parties. If it fails, ACAS issues a certificate allowing the claimant to proceed to Employment Tribunal. The notification must be made within 3 months less 1 day of the alleged discrimination, preserving the Tribunal time limit.
Employment Tribunal claims for discrimination
Employment Tribunal claims for race or nationality discrimination are free to lodge following the 2017 Supreme Court ruling in R (Unison) v Lord Chancellor that abolished Tribunal fees. The claimant files form ET1 online at gov.uk/employment-tribunals, setting out the facts and the legal basis. The employer files ET3 in response. A hearing follows within several months.
Successful claimants receive compensation covering injury to feelings, actual loss of earnings, and future loss where the discrimination has prevented ongoing employment. Vento bands for injury to feelings in 2025-26 range from £1,200 (lower) through to £56,200+ (top band for the most serious cases). Free legal advice is available through Citizens Advice, trade unions, and pro bono immigration lawyers.
The Home Office Employer Checking Service
For cases where the share code system produces unclear results, or where the employer has genuine doubt about an EUSS holder's status, the Home Office Employer Checking Service (ECS) provides employer-initiated verification at gov.uk/employee-immigration-employment-status. The ECS confirms status directly from Home Office records and provides the employer with a Positive Verification Notice that establishes statutory excuse for a period of 6 months.
The ECS is particularly useful where a share code has expired during a long hiring process or where the applicant is unable to generate a code due to technical issues with their gov.uk account. Employers using the ECS instead of the share code produce the same statutory excuse, so this route is a fully valid alternative. Applicants facing share code problems should direct employers to the ECS as a constructive workaround.
Rental discrimination: Right to Rent parallels
Beyond employment, EUSS holders face similar verification challenges in the rental market, where landlords must conduct Right to Rent checks under the Immigration Act 2014. The same share code system applies, with landlords verifying at gov.uk/check-right-to-rent-a-property. Landlords who refuse to rent to EU nationals on grounds of their post-Brexit status may equally be committing nationality discrimination under the Equality Act 2010.
Complaints about rental discrimination route through the Equality and Human Rights Commission and can result in County Court claims for damages. Charity organisations including Shelter and Citizens Advice support tenants dealing with discriminatory landlords, often resolving cases through written representation rather than formal proceedings.
Recruitment agencies and umbrella companies
Recruitment agencies, umbrella companies and contract-staffing intermediaries are subject to the same right-to-work and discrimination rules as direct employers. An agency that screens out EU candidates before passing CVs to clients, or refuses to register EU contractors, can face the same Equality Act 2010 claims. Reputable agencies have updated their onboarding processes to incorporate the share code system, and EU candidates encountering resistance should request that the agency consult its legal compliance team or contact the Home Office Employer Checking Service.
Umbrella companies (used by contractors for IR35 compliance) similarly run right-to-work checks and should accept share codes. Refusal at this stage is rare but does occur with smaller umbrella providers unfamiliar with the post-Brexit landscape. Switching to an established umbrella with EU national clients is often the simplest practical workaround.
2. Employer verifiesgov.uk/check-immigration-status2 minutesFree 3. If disputed, notify ACASacas.org.uk or 0300 123 11006 weeksFree 4. Employment Tribunal if neededForm ET1 at gov.uk/employment-tribunals3-12 months to hearingFree 5. Compensation if successfulVento bands + loss of earnings6-12 weeks post-hearingUncapped
| ★ EDITOR'S VERDICT EU nationals with EUSS status have strong legal protection against employer discrimination in the UK, backed by Equality Act 2010 and the no-fee Employment Tribunal route. Most hiring frictions are employer unfamiliarity with the digital-only share code system rather than intentional bias, and a short explanation with a link to the gov.uk check tool often resolves the issue on the spot. Where an employer persists in requiring documents the EUSS holder does not possess, the ACAS Early Conciliation route is free and often effective. The Tribunal backstop provides uncapped compensation for clear cases, with Vento bands setting the injury-to-feelings baseline. |
| This article is for informational purposes only and does not constitute financial, legal, or immigration advice. Always verify with official sources before making decisions. |
Frequently asked questions
Can an employer refuse to hire me because I have pre-settled status?
No. Pre-settled status gives full right to work, identical to British citizenship for employment purposes. Refusal on grounds of pre-settled status is nationality-based discrimination under the Equality Act 2010.
What if an employer demands a Biometric Residence Permit?
EUSS holders do not have BRPs. The online share code is the correct proof. Politely direct the employer to gov.uk/check-immigration-status. If they persist, the demand itself can be indirect discrimination.
How long is a share code valid?
90 days from generation. Employers must use the code during that window. If a hiring process runs longer, a new code can be generated.
What do I do if I face discrimination?
Notify ACAS at acas.org.uk or 0300 123 1100 within 3 months less 1 day of the discrimination. ACAS attempts Early Conciliation free of charge. If unsuccessful, you can proceed to Employment Tribunal with the ACAS certificate.
Are Employment Tribunal claims free?
Yes, since the 2017 Supreme Court ruling in R (Unison) v Lord Chancellor that abolished Tribunal fees. No fee applies to lodging or continuing a claim.
How much compensation can I receive?
Uncapped for injury to feelings (Vento bands in 2025-26 from £1,200 to £56,200+) and loss of earnings. Successful claimants receive amounts ranging from £5,000 for minor incidents to £50,000+ for sustained or egregious discrimination.
Can I get free legal advice?
Yes. Citizens Advice, trade unions, pro bono immigration solicitors, and charities such as the 3million and Settled offer free advice on EUSS-related discrimination claims.
Sources
- UK Government, View and prove your immigration status, gov.uk/view-prove-immigration-status (accessed 2026)
- UK Government, Check a job applicant's right to work, gov.uk/check-immigration-status (2026)
- Equality Act 2010, nationality discrimination provisions
- Immigration, Asylum and Nationality Act 2006, employer right-to-work obligations
- ACAS Early Conciliation guidance (2026)
- R (Unison) v Lord Chancellor [2017] UKSC 51, Supreme Court ruling on Tribunal fees
- Vento bands for injury to feelings (2025-26 uprating)
Internal links: EUSS right to work employer check 2026 · EU settled status share code 2026 · EU Settlement Scheme 2026 complete guide