From the 1st of October right to work checks will change

From 1^st October 2022 the right to work checks will change

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  During the COVID-19 pandemic, the government introduced digital ways for employers to check employee’s right to work in the UK because of the difficulties associated with manually checking documents. These arrangements ended on 30 September 2022. New digital right to work checks, using ‘identification document validation technology’ (IDVT), became available for employees with valid British or Irish passports from 6 April 2022. Employers can use a ‘identity service provider’ (IDSP) to carry out this check, although they remain responsible for checking the identity of the employee and retaining the record for the duration of employment plus two years. From 1 October, employers will need to either:

• Carry out a manual check by physically meeting with the employee to check and copy their original documentation.
• Appoint an ‘identification service provider’ (IDSP) to check the passport of the employee on behalf of the employer.

Government guidance has been updated and has a list of approved IDSPs. The Employer Checking Service continues for right to work checks on non-UK/Irish citizens. Every employer, no matter how big or small needs to check that every individual they employ has the right to work in the UK. This must be carried out before that person starts their employment, and failure to do so could result in fines of up to £20,000 per employee and potential reputational damage if that person is found to be an illegal worker. Therefore, to mitigate this risk but retain the benefits of a digital solution, from 1 October 2022 employers will need to complete their Right to Work checks in person or put in place appropriate alternative processes and systems with an IDSP. In summary, an IDSP is a certified identification document validation technology service provider who carries out digital identity checks in respect of individuals who are not in scope to use the Home Office online services, on behalf of the employer. The verification process provided by an IDSP will validate the identity of the applicant and their documents remotely. Initially, the verification process will only cover British and Irish citizens, covering the vast majority of Right to Work checks. The key point that employers need to make note of is: if they want to continue to carry out Right to Work checks remotely then they should secure the services of an IDSP. Otherwise, they will need to revert to completing all their checks in-person. Employers will also need to ensure that all checks are maintained and remain valid. It is not mandatory for employers to use a certified IDSP, however, they will need to be satisfied that their chosen solution provider is capable of providing the required checks.