Right to Work Checks - Important Changes

Right to Work changes have been altered since the beginning of the pandemic in March 2020, and now those changes are finally coming to an end on 30th September2022.

Every employer needs to ensure that they are completing proper right to work checks before new employees start working – failure to do so can result in fines of up to £20,000 per employee, and potentially irreparable reputational damage.

What Is Changing?

During the pandemic, it was difficult for employers to meet face to face to carry out right to work checks, and with the rise of working from home, digital checks were permitted. This meant that employers were allowed to use video calls to remotely check right to work.

From 1st October 2022, this will no longer be accepted as a valid right to work check. Original documents must be checked in the presence of the holder, and a copy should be made and saved.

We have previously produced and distributed detailed guidance on how to check right to work properly – if you would like another copy of this please contact emma.bygrave@arhrconsult.com.

What If I Can’t Check Documents In Person?

For employers that may want or need to continue with remote checking due to the nature of their business, the Government has offered an alternative option using an IDSP – an identification document validation service provider.

The Government has published a list of approved providers which you can find here.

For Applicants From Outside of the UK

The changes listed above impact mainly British and Irish citizens applying for jobs in the UK. For foreign nationals, you should continue to use the Home Office Right to Work Checking Service, using a share code generated by the new employee.

Once the online check has been completed, you should check that the person pictured matches the employee face-to-face, and the photo on a valid ID document such as a Passport.

Other Changes

Evidence of completion of all right to work checks, for both UK and foreign citizens, should now be kept for 2 years after they leave your employment.

If you have any questions regarding these changes, please get in touch.