1 Nov 2022

Update to UK Right to Work - October 2022

Right to Work is a simple concept but the penalties for getting it wrong are significant, representing a huge risk not only for HR but your business.

Employers need to check that each employee 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.

What’s changed?

From 1 October 2022 employers will no longer be able to use the Covid adjusted

right to work check, which allowed a candidate to show their passport on a video call. Instead, you will have to either perform a physical face-to-face check or use an IDSP.

What’s an IDSP?

Identity Service Providers allow people to verify their identity remotely. Identification Document Validation Technology (IDVT) will validate the identity of the applicant and their documents, providing a digital right to work check on behalf of British and Irish citizens who hold a valid passport (including Irish passport cards), covering most of the Right to Work checks.

How do you find a certified IDSP?

The Department for Digital, Culture, Media & Sport have published a list of certified digital identity service providers (IDSPs) who can carry out identity checks. The DCMS has established a List of certified IDSPs which will continue to be updated as organisations are certified.

What does this mean for you?

For employers that work with an IDSP, you will be able to complete Right to Work checks for applicants with a valid UK or Irish passport remotely. For applicants who are non-UK and Irish Citizens (who can use the Home Office’s Online Right to Work Checking tool) you will continue to be able to complete checks on a video call.

There will be a small number of cases where you must check an employee’s Right to Work in person. According to Home Office Guidance ‘Employers must not treat less favourably those who do not hold a valid passport, or do not wish to prove their identity using an IDSP. You must provide individuals with other ways to prove their right to work and should carry out a manual document-based right to work check in these circumstances.

The key point that employers need to make note of now, is that if you want to continue to carry out Right to Work checks remotely, you should secure the services of an IDSP. Otherwise, you will need to revert to completing all checks in-person. Employers will also need to ensure that all checks are maintained and remain valid.

What do employers need to do?

It is not mandatory for employers to use a certified IDSP, however, you will need to be satisfied that your chosen solution provider can provide the checks you require.

The HR Branch has been providing support to its clients to manage their Right to Work obligations. If you need advice, training or would like us to register your organisation with our IDSP, then get in touch and we can help you manage this change.