Changes to Right to Work Checks Guidance (From October 2022)
All employers in the UK have a responsibility to prevent illegal working. This is ensured by following the government’s guidance on right to work checks, which make sure an individual is not disqualified from carrying out the work in question. After the 30th of September 2022, the guidance on right to work checks in the UK is being updated following a period of adjustment during the pandemic. To help you stay up to date, we’ve produced a brief summary on how and why the right to work checks are changing, and what this means to you as an employer.
What are the changes being made to right to work checks in October 2022?
Instead of reverting to the guidance pre-March 2020, the government has decided to modernise right to work checks whilst also removing the temporary measures that were put in place during the pandemic. This means employers will no longer be able to verify an employee’s identity by receiving a scanned copy or photo of their documentation alongside a video call.
From the 1st of October 2022, checks for those with British and Irish biometric passports and Irish passport cards must be carried out using one of the below methods.
- Conducting a physical check of a prospective employee’s right to work by conducting an in-person meeting. Original documents are checked to ensure they are legitimate and then scanned, signed and dated.
- Conducting a digital check of a prospective employee’s right to work by appointing an IDSP (Identification Service Provider). The IDSP uses secure Identification Document Verification Technology (IDVT) to check an individual’s documents.
- Home Office right to work check
It is hoped that this updated guidance will provide the flexibility of online checks whilst improving the security or checks, minimising the risk of illegal employment.
Where can I find an accredited IDSP provider?
In order to conduct the digital checks outlined above, a government- approved Identification Service Provider (IDSP) must be used. The government’s website houses a list of all accredited IDSP providers.
Do checks carried out during the pandemic need to be redone?
No, thankfully retrospective checks are not required and any checks completed between the 30th March 2020 and the 30th September 2022 remain valid as long as the guidance that existed at the time was followed.
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