Digital Right to Work Checks | 6th April 2022

In our newsletter of 26 August 2021, we advised that the Coronavirus (COVID-19) extended adjusted Right to Work checks would end on 5 April 2022.

New legislation will be issued effective from 6 April 2022 with the introduction of a new scheme allowing employers to undertake Right to Work & DBS checks to use certified Identification Document Validation Technology (IDVT) service providers and the team at Black Mountain will send out further updates once received. Source: Digital identity document validation technology (IDVT) – GOV.UK (www.gov.uk)

The Home Office and Disclosure and Barring Service (DBS) are working with DCMS (Department for Digital, Culture, Media and Sports) as it develops proposals for new legislation to establish a UK Digital Identity and Attributes Trust Framework. This framework will set out the rules and standards for organisations to follow in order to carry out secure, trustworthy, and consistent digital identity checks.

The trust framework was initially launched in February 2021 as an early prototype (alpha). It has since undergone two rounds of public consultation, to be thoroughly tested with services, industries, organisations and released to potential users. The framework continues to be developed and the next stage (beta version) will begin in early 2022, ahead of being formalised in legislation.

Following the positive feedback received about the ability to conduct right to work and right to rent checks remotely during the COVID-19 pandemic, the Home Office initiated a review of the availability of specialist technology to support a system of digital checks in the future.

This review has now concluded, and this update sets out the key outcomes.

The Home Office recognises the benefits the adjusted checking process has brought and are mindful of the shift towards increased hybrid and remote working models.

As a result, the Home Office will enable employers and landlords to use certified Identification Document Validation Technology (IDVT) service providers to carry out digital identity checks on their behalf for many who are not in scope to use the Home Office online services, including British and Irish citizens. The relevant changes to legislation will take effect from 6 April 2022.

This development will align with DBS’ proposal to enable digital identity checking within their pre-employment checking process, through the introduction of its Identity Trust Scheme.

For employers, the introduction of digital identity checking into the Schemes will mean they can assure prospective employees’ identities, using consistent and more secure methods, reducing risk and allowing them to recruit in a safer way.

Making these changes to the Schemes will achieve two things – it will:

• Allow those in scope to verify their identity remotely, prove their eligibility to work or rent and apply for DBS checks. Using IDVT allows people to upload images of their personal documents, instead of presenting physical documents to a prospective employer – reducing time and mitigating risk.

• Allow private sector IDVT service providers to become independently certified by UK Accreditation Service (UKAS) accredited assessors to ensure the technology meets the Government Standards and the applicant’s data is protected.

Enabling the use of IDVT for right to work, right to rent and DBS checks will help to support long-term post pandemic working practices, accelerate the recruitment and onboarding process, improve employee mobility and enhance the security and integrity of the checks. The technology utilised across the identity process removes human error in terms of identifying fraudulent documents or inaccuracies and will support the Home Office, DBS and DCMS in driving improvements through their delivery partners.

In January 2022, the UK Digital Identity and Attributes Trust Framework will open for providers to begin the certification process. IDVT service providers will need to become certified against the trust framework rules, alongside any requirements specific to the particular Schemes. The timing and alignment of the Right to Work, Right to Rent, and DBS Scheme changes ensures providers can undertake a single certification for these checks from the outset.

This will provide a secure underpinning of robust rules for providers to meet, test the real-world implementation of the trust framework during the beta phase of testing, and ensure providers are on track to meet the rules of the future multi-use case state.

In the meantime, checks continue to be necessary in line with current guidance. Employers must continue to check the prescribed documents as set out in an employer’s guide to right to work checks, published at: Right to work checks: an employer’s guide

Alternatively, where applicable, employers can use the Home Office online services via Prove your right to work to an employer which provides right to work information in real time direct from Home Office systems.

Further information on the temporary adjusted checks can be found on GOV.UK at • Coronavirus (COVID-19): right to work checks

Employment Bill

An anticipated part of the 2022 employment law changes is the Employment Bill, although there is no guarantee that one will appear. If it does, then likely is to include the following measures:-

• The establishment of a new single enforcement body for employment rights.
• The extension of protection against redundancy re pregnancy, maternity, adoption, and shared parental leave,

including extending redundancy protection to 6 months post return to work after the end of maternity leave,

with similar protection afforded to those returning to work from adoption leave and shared parental leave.
• Neonatal leave and pay.
• A new right to 1 week’s unpaid leave per year for carers.
• On the 24 September 2021, the Government announced that it is to legislate in order to make it compulsory

for businesses in the hospitality, services, and leisure sectors to pass on all tips to staff. The new legislation is likely to be included in the Employment Bill. The legislation will include the following: (i) a legal requirement to pass on all tips to staff; (ii) a new statutory code of practice setting out rules and regulations on how tips are distributed amongst staff; and (iii) a right for employees to request information from their employer regarding their tipping records, and a legal right for employees to bring a claim before an employment tribunal should they believe that they are owed money relating to tips.

• A new right for workers to request a more stable contract after 26 weeks service.
• New legislation to enhance flexible working rights. The Government is currently consulting on this issue, and

whether to make flexible working a day 1 right.
• An extension of time required to break a period of continuous service from 1 week to 4 weeks.
• New legislation making it compulsory for organisations to publish their modern slavery statements on a new

government-run registry.

Should you wish to discuss this in more detail, please contact us via telephone or email