During the COVID-19 pandemic, the guidance for Right to Work checks were updated to reflect the changes in the way people were working. The checks were allowed to be carried out remotely to lessen the spread of the virus. This guidance is in place until the 30th September 2022.
This current guidance is for a temporary adjusted check which means you can:
- Ask the worker to submit a scanned copy or a photo of their original documents.
- Organise a video call with the employee and ask them to hold up their original documents to the camera so you can check them against the digital copy of the documents. You will then need to record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”.
From the 1st October 2022, the Home Office has stated that this guidance will no longer be followed and will be updated to reflect the latest updates in the UK’s Right to Work legislation. You need to ensure you have updated your processes from 1st October.
When the new guidance comes into force from the 1st October, employers will need to do one of the following:
- 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.
Workers with valid British or Irish passports from 6 April 2022 can use digital Right to Work checks such as ‘identification document validation technology’ (IDVT). The employer can use an ‘identity service provider’ (IDSP) to complete the check for them. However, the employer is always responsible for checking the identity of the employee and keeping the record while the employee is working there and for two years after. Government guidance on approved IDSP’s to use has been updated.
Regarding non-UK or Irish citizens, the Employer Checking Service continues for Right to Work checks. You can use this service to ask the Home Office to check potential employee’s immigration status. This can be if documents aren’t able to be shown by the employee.
By not completing Right to Work checks you risk a £20,000 fine for employing illegal workers.
To make your life easier we have our ATS, recruitment software FACE-Ed which helps you ensure you are following the correct process to be compliant with KCSiE and Safer Recruitment Guidelines. It records Right to Work and highlights what checks are required for each role. You may also be interested to know that our HR system, SAMpeople, helps you to record information like vetting checks and add digital copies to the employee’s file. To find out more about FACE-Ed visit the website and for more about SAMpeople visit here.