The Home Office has announced that on 30 September 2022 the adjusted right-to-work checks (introduced during the pandemic) will cease.
From 1 October 2022, employers will no longer be able to use the temporary Covid-adjusted right-to-work guidance. This means that they won’t be able to ask employees to share a scanned copy or photo of their documents and then confirm their identity over a video call.
Businesses are urged to understand the imminent changes that are happening next month following a survey found that only half of businesses are prepared. The changes mean that if you are carrying out digital right-to-work checks, employers will have to use identity service providers (IDSPs) to conduct these.
In the UK, employers are required by law to check that their employees have the Right to Work (RtW). Employing someone without the right to work can lead up to a fine of up to £20,000 per worker. Employers that can’t demonstrate that they carried the RtW check in the appropriate manner might be liable. After 30 September 2022, the requirements will change for British/Irish nationals right-to-work checks.
From 1 October 2022 these can be completed one of two ways:
- Physically – meeting with the employee and ensuring that the documents they are presenting are original, untampered with and belong to them. Employers should then take a signed and dated copy of the document/s and retain these securely.
- Online – by appointing an Identification Service Provider (“IDSP”). The IDSP will then use Identification Document Verification Technology (“IDVT”) to check the passport of the British & Irish nationals on behalf of employers.
According to Home Office Guidance ‘Employers must not treat less favorably those who do not hold a valid passport, or do not wish to prove their identity using an IDSP. You must provide individuals with other ways to prove their right to work and should carry out a manual document-based right to work check in these circumstances.’
It can be tricky for employers to stay up to date with how to complete right-to-work checks especially given the government’s ever-changing guidance in this area. If you have any questions, then contact ViewHR for a free initial consultation to ensure the required checks are being completed and comply with the latest UK, EU, and EEA legislation.
You can find more information about it in the Home Office’s Employer’s guide to right-to-work checks: https://www.gov.uk/government/publications/right-to-work-checks-employers-guide