Question 1

What is a right-to-work check in construction?

Accepted Answer

A right-to-work check is the legal process by which employers (including recruitment agencies) verify that every worker has permission to work in the United Kingdom before employment starts. Under the Immigration, Asylum and Nationality Act 2006, employers must check and retain copies of acceptable documents before any worker starts. In construction, this applies equally to UK nationals, EEA nationals, and non-EEA nationals. Failure to conduct proper checks exposes employers to civil penalties of up to £45,000 per illegal worker.

Question 2

What documents are acceptable for a right-to-work check?

Accepted Answer

The Home Office maintains a definitive list of acceptable documents, which falls into two groups. List A documents provide ongoing right to work without time limit — these include UK passports, Irish passports, full birth certificates with National Insurance evidence, and indefinite leave to remain BRPs. List B documents give time-limited right to work — these include biometric residence permits (BRPs) with an expiry date, visa vignettes in passports, and share codes from the Home Office online service. For non-UK/Irish nationals, a share code check at gov.uk/view-right-to-work is the standard method.

Question 3

What is a share code and how does it work?

Accepted Answer

A share code is a 9-character alphanumeric code that non-UK/Irish workers with an online immigration status (e.g. EU Settlement Scheme status, skilled worker visa) can generate from their UKVI account at gov.uk. The worker provides their share code and date of birth to their employer, who enters them at gov.uk/view-right-to-work to view the worker's status. The result shows current immigration status and right-to-work entitlement. Share codes expire 90 days after generation — workers must generate a new code if it has expired.

Question 4

How long must employers keep right-to-work records?

Accepted Answer

Employers must retain copies of right-to-work documents for the duration of employment and for 2 years after employment ends. Documents should be kept securely, in compliance with GDPR. For workers on time-limited right to work (List B documents), employers must conduct a repeat check when the worker's permission expires — failure to do so removes the statutory excuse against penalty.

Question 5

What happens if a construction worker is found to be working illegally?

Accepted Answer

If a worker is found to be working in the UK without the right to do so, the consequences are severe for both parties. The worker may be detained and removed from the UK. The employer (agency or direct employer) faces a civil penalty of up to £45,000 per illegal worker if they did not conduct proper checks — or criminal prosecution if they knew the worker was illegal. Proper right-to-work checks provide a 'statutory excuse' against civil penalties.

Question 6

Do recruitment agencies have to conduct right-to-work checks?

Accepted Answer

Yes — under the Conduct of Employment Agencies and Employment Businesses Regulations 2003, recruitment agencies supplying workers have the same obligation to conduct right-to-work checks as direct employers. When you register with Phoenix Gray, we conduct a right-to-work check before any placement. We retain copies of documents and repeat-check time-limited permissions before expiry.

Question 7

What PPE are construction workers required to wear?

Accepted Answer

The minimum PPE required on most UK construction sites includes: hard hat (EN 397 rated), high-visibility vest or jacket (EN ISO 20471 Class 2 or 3 depending on environment), safety footwear (EN ISO 20345 — steel toecap and midsole), safety gloves appropriate to the task, and eye protection where required by the task. Site-specific rules may require additional PPE — respiratory protection, ear protection, harnesses, or face shields. Under the PPE at Work Regulations (amended 2022), employers must provide PPE free of charge where it is required.

Question 8

What is a toolbox talk and is it mandatory?

Accepted Answer

A toolbox talk is a short briefing (typically 5–15 minutes) delivered on site, usually at the start of a shift, covering a specific health and safety topic relevant to the work being carried out. Common topics include working at height, manual handling, COSHH, fire safety, or site-specific hazards. Toolbox talks are not required by a specific law, but they are a recognised way of meeting the employer's duty to provide information and instruction under the Health and Safety at Work Act 1974. Most principal contractors require toolbox talks to be delivered regularly and recorded.

Question 9

What is a method statement and when is it required?

Accepted Answer

A method statement (also called a Safe System of Work or SSOW) describes how a specific task will be carried out safely on site. It sets out the sequence of work, the hazards involved, the control measures in place, the people responsible, and the equipment to be used. Method statements are typically required for high-risk activities — working at height, lifting operations, confined spaces, demolition, and working near services. They are usually produced by the contractor carrying out the work and approved by the principal contractor's site management.

Question 10

What is a risk assessment and who is responsible for it?

Accepted Answer

A risk assessment is a systematic process of identifying hazards associated with a task, assessing the likelihood and severity of harm, and implementing control measures to reduce risk to an acceptable level. Under the Management of Health and Safety at Work Regulations 1999, all employers must conduct risk assessments for all significant risks in the workplace. On construction sites, risk assessments are typically produced by supervisors and site managers for each significant task or operation. Workers have a right to see risk assessments relevant to their work.

Question 11

What should I do if I see a health and safety hazard on site?

Accepted Answer

Stop work if there is an immediate risk of serious harm. Report the hazard to your site supervisor or site manager immediately. Do not wait — uncontrolled hazards on construction sites can cause fatal injuries. Under the Health and Safety at Work Act 1974, all workers have a legal duty to report hazards to their employer. If you raise a genuine safety concern and experience adverse treatment as a result, this may be protected as a whistleblowing disclosure. HSE has a confidential safety concerns reporting service at hse.gov.uk.

Question 12

What are CDM Regulations?

Accepted Answer

CDM stands for Construction (Design and Management) Regulations 2015. CDM places health and safety duties on all duty holders involved in a construction project — clients, principal designers, principal contractors, contractors, and workers. The regulations require the appointment of a principal designer (for projects with more than one contractor) and a principal contractor, the production of a Construction Phase Plan, and (where applicable) a Health and Safety File. CDM applies to all construction work in Great Britain.

Question 13

What is a Construction Phase Plan?

Accepted Answer

A Construction Phase Plan (CPP) is a document required by CDM Regulations that sets out how the construction phase of a project will be managed safely. It is prepared before construction starts by the principal contractor (or contractor if there is only one). The CPP covers site-specific hazards, control measures, welfare arrangements, emergency procedures, and how the site will be managed. It is a live document that should be updated as the project progresses. All workers on site should be made aware of the relevant parts of the CPP.

Question 14

What is the role of the Principal Contractor under CDM?

Accepted Answer

Under CDM 2015, the Principal Contractor (PC) is responsible for planning, managing, monitoring, and coordinating the construction phase to ensure it is carried out without risk to health or safety. The PC must prepare and maintain the Construction Phase Plan, organise co-operation between contractors, ensure site inductions are carried out, provide welfare facilities, and ensure that only authorised persons access the site. On most significant UK construction projects, the main contractor assumes the role of Principal Contractor.

Question 15

Do CDM Regulations apply to small projects?

Accepted Answer

CDM applies to all construction projects in Great Britain — there is no size threshold. However, the duties scale with project complexity. On a project with only one contractor, the client and contractor share the relevant duties without requiring a Principal Designer or Principal Contractor appointment. The Construction Phase Plan is always required. Notifiable projects (over 30 working days with more than 20 workers, or exceeding 500 person-days) must be notified to HSE before work starts.

Question 16

What rights do I have as an agency worker in construction?

Accepted Answer

Under the Agency Workers Regulations 2010, agency workers are entitled to the same basic working and employment conditions as directly employed staff at the same site after 12 weeks in the same role. This includes pay, working time, rest periods, night work, and annual leave entitlement. Agency workers are also entitled to access facilities such as canteens and collective facilities from day one. The 12-week qualifying period resets only if there is a break of more than 6 weeks between comparable roles.

Question 17

What is a conduct regulations opt-out and should I sign one?

Accepted Answer

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 protect workers dealing with agencies. The regulations can be 'opted out of' by agreement, which means the worker gives up some regulatory protections (including the right to be paid by the agency if a client fails to pay). Most construction workers are asked to opt out. If you opt out, you have less recourse if the agency fails to pay you — though legitimate agencies pay regardless. Read any opt-out clause carefully before signing.

Question 18

Can a construction agency refuse to pay me if the client disputes my hours?

Accepted Answer

If you are engaged on a PAYE basis, the agency must pay you for hours you worked regardless of client payment (the agency bears the payment risk, not the worker). Under the Conduct Regulations (if you have not opted out), similar protections apply. If you have opted out and there is a genuine dispute about hours, the agency may withhold payment pending resolution. Always submit timesheets promptly and accurately — timesheet disputes are the most common cause of payment delays. Keep your own record of hours worked each day.

Question 19

What is the minimum wage for construction agency workers?

Accepted Answer

Agency workers are entitled to the National Living Wage (NLW) as a minimum — in 2026 this is £11.44/hour for workers aged 21+. In practice, virtually all construction site roles pay significantly above this — qualified tradespeople earn £18–£32/hour and even CSCS labourers earn £13–£18/hour in most regions. Agency workers on PAYE must receive the NLW on all hours worked. CIS self-employed workers are not covered by minimum wage legislation as they are self-employed.

Construction Compliance FAQ

Right to Work

Health & Safety on Construction Sites

CDM Regulations

Working with Construction Agencies

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