During the COVID-19 pandemic, the government temporarily introduced a digital way for employers to check employee’s right to work in the UK. This allowed for remote recruitment and employment, making it safer to employ people during compulsory home working, social distancing and self-isolation.
This temporary change will come to an end on 30 September 2022.
Currently, employers can conduct right to work checks in either of the following ways:
1 – A manual check, physically meeting with the employee to check, copy and verify their original documentation.
2 – Via video conferencing software (i.e. Zoom, MSTeams), using scanned copies of documents.
From 1 October 2022, employers must conduct right to work checks in either of the following ways:
1 – A manual check, physically meeting with the employee to check, copy and verify their original documentation.
2 – Appointing an ‘identification service provider’ (IDSP) to check the employee’s documentation on behalf of the employer, using IDVT (Identification Document Verification Technology).
Put simply, from 1 October 2022, employers can no longer conduct a right to work in the UK evidence check via video call, using scanned copies of documents. They must complete the check face-to-face or alternatively, pay for an external IDSP to do it for them (although the employer still remains responsible for checking the identity of the individual and for retaining the record for the correct duration, under GDPR).
Note – this is only applicable to employees with a British or Irish passport. Non-British / Irish nationals will continue to have their right to work in the UK status checked using the Employer Checking Service.
Did you know…
- Employers have a legal responsibility to conduct a right to work in the UK check on every employee.
- Employers who fail to carry out these checks correctly can face severe penalties such as a civil penalty of up to £20,000 for each illegal worker, along with serious reputational damage.
Ask yourself…
- Are you confident that every new starter has proved their right to work in the UK before they start working for you?
- Do you know exactly what you’re looking for to confirm the documentation is legitimate?
- Do you know how to verify the documentation correctly (i.e. is the wording you write on the photocopied document sufficient to pass an audit)?
If you’ve answered ‘no’ to any of these questions, reach out to us and we can help you get it right!
? hello@peachlaw.co.uk
? Connect with us on LinkedIn – Peach Law (HR & Employment Law Specialists)
? 0161 478 2800
