Employer refuses share code — what to do
Updated 26 May 2026
Since 13 February 2024 (SI 2024/82) employers and landlords must accept share code instead of physical BRP. Asking for BRP = breaking the law. If they refuse: ACAS 0300 123 1100 (employer), local council Housing (landlord). Employment Tribunal time limits can be short — contact ACAS as soon as possible.
Share code is the legally required way to check Right to Work/Rent since 13 February 2024. Employer cannot ask for physical BRP. If they refuse: (1) ACAS 0300 123 1100 free, (2) EASS 0808 800 0082 if discrimination based on racial/national origin. Employment Tribunal time limits can be short (usually 3 months minus 1 day from the incident). Contact ACAS as soon as possible: 0300 123 1100.
01 Just refused — first steps
- Do not argue. Calmly explain: "Share code is legally valid since 13 February 2024 under SI 2024/82. Check through gov.uk/view-right-to-work, not physical BRP."
- Give employer the gov.uk link: gov.uk/guidance/right-to-work-checks-employers-guide — they can show it to their HR.
- Ask for refusal in writing (email, WhatsApp, message). Without written refusal it is hard to prove your case.
- If they still refuse — next step depends on whether it is employer or landlord (see below).
"Under the UK Immigration, Asylum and Nationality Act 2006 and SI 2024/82 (effective 13 February 2024), Right to Work checks must use gov.uk/view-right-to-work with a share code. Physical BRP is not legally required. My share code: [W-XXXX-XXXX]. Date of birth: [DD/MM/YYYY]."
"Under the Immigration, Asylum and Nationality Act 2006 and SI 2024/82 (effective 13 February 2024), Right to Work checks must use gov.uk/view-right-to-work with a share code. Physical BRP is not legally required. My share code: [W-XXXX-XXXX]. Date of birth: [DD/MM/YYYY]."
02 Legal basis — why share code is mandatory
- Immigration, Asylum and Nationality Act 2006, sections 15-25 — employer liability
- SI 2024/82 (13 February 2024) — updated civil penalty regime
- Employer fine for illegal working: £45,000 first offence / £60,000 repeat
- Employer must use gov.uk/view-right-to-work — physical BRP not accepted from 2025
- Imposter check mandatory — employer must visually compare photo on portal with worker
03 If this is discrimination — routes
- Equality Act 2010 — direct discrimination if employer asks for BRP only from foreign workers
- ACAS Early Conciliation — free, can resolve in 4-6 weeks
- Employment Tribunal — time limits can be short (usually 3 months minus 1 day from the incident). Contact ACAS as soon as possible: 0300 123 1100
- There is NO single gov.uk form "report employer refused share code" — you go through ACAS / EASS / Tribunal
04 Landlord refuses share code (England only)
- Landlord must check Right to Rent — this is law (Immigration Act 2014; code of practice from 13 February 2024). Portal: gov.uk/view-right-to-rent
- Civil penalty for landlord (from 13 February 2024): first breach — £5,000 per lodger / £10,000 per occupier; repeat breach — £10,000 per lodger / £20,000 per occupier
- If refused: contact local council Housing Solutions Team (first step)
- Also JCWI: 020 7251 8708 (Joint Council for Welfare of Immigrants)
- Landlord refusal usually follows a different route — discuss it with local council Housing or a regulated adviser instead of starting with Employment Tribunal
05 Already working — employer suddenly asks for BRP
- May be annual right-to-work re-check for time-limited visas — this is legal
- But asking for physical BRP instead of share code during re-check — breaking the law
- Ask for explanation in writing — this is standard HR practice
- If pressure on the worker continues or dismissal becomes a risk — seek regulated advice. Options include ACAS, EASS, IAA / SRA-regulated advisers.
- ACAS can explain Early Conciliation and short Employment Tribunal time limits: 0300 123 1100
06 Who goes where — correct route
Correct route
- Employer refused → first ACAS 0300 123 1100 (faster and free)
- Landlord refused → local council Housing Solutions Team
- Already working + pressure to resign → ACAS + ATLEU
- Employment Tribunal → time limits can be short; contact ACAS first 0300 123 1100
Be careful with
- Consider documenting the refusal — it rarely resolves itself without a record
- For landlord refusal, discuss the route with local council Housing / regulated adviser
- Contact ACAS early — time limits can be short
- Before handing over documents, discuss a safe checking method with HR or an adviser
07 What is important to know
What is important to know
- Tribunal time limits can be short
Usually 3 months minus 1 day from the incident. Contact ACAS as soon as possible: 0300 123 1100.
- Without written refusal no case
WhatsApp, email, HR meeting notes — you need something in writing. Verbal-only refusal is very hard to prove.
- Tribunal takes 6-18 months
Claim is free, but waiting is long. ACAS Early Conciliation — first step, can resolve in 4-6 weeks without Tribunal.
- Landlord ≠ Employer route
Landlord refusal — local council Housing. Employer — EASS/ACAS and, if needed, regulated advice on Tribunal time limits.