On October 1st 2022, the rules surrounding Right to Work checks in the UK were updated as adjustments made during the pandemic of 2020 came to an end in September 2022.
The initial adjustments, made in March 2020, provided a level of leeway for employers in reflection of the hybrid and remote working patterns that were necessary during times of global shutdown and social distancing.
According to a poll by Xydus, almost 50% of business in the UK were unaware or unprepared for the changes to Right to Work checks. Businesses could be liable to pay a fine of up to £20,000 for every case of a non-compliant worker, and may also be stripped of their right to sponsor visas in the future.
This blog post highlights the changes made, and outlines the new rules for Right to Work Checks in the UK as of October 2022.
What Are Right to Work Checks?
A Right to Work check is the responsibility of an employer to prevent anyone from working illegally. This is achieved by checking the citizenship or immigration status of employees prior to the onboarding process.
These checks can be completed in a number of ways, including reviewing the new employees’ documents in person, using identity verification technology or performing an online check through the Home Office.
Why Right to Work Checks Have Changed
The introduction of digital checks was implemented during the height of the global pandemic in March 2020 when in-person contact went against guidance. This allowed for virtual copies of necessary documentation, such as passports or visas, to be submitted to employers using online methods such as email and virtual meetings.
As of October 2022, many businesses still have a remote or hybrid workforce. Digital checks are now required to follow additional procedure for enhanced security and accuracy throughout the process.
The Changes to Digital Right to Work Checks
UK businesses now wishing to complete digital Right to Work checks must use identity service providers (IDSPs), and keep the digital documentation on record for a minimum of two years after the employee has left the business.
Although unnecessary, it is recommended that digital checks are made through a Government certified IDSP.
These certified providers provide peace of mind that due diligence has been adhered to, though certification is not required if businesses are confident in the checks completed by their identity service provider.
The new improved verification surrounding digital checks reflects the global move towards hybrid and remote working, and will aid businesses in providing a more seamless virtual onboarding process.
How Does This Affect In-Person Checks?
In-person Right to Work checks remain unaffected by the changes. Employers must continue to follow due diligence when completing a Right to Work check in person, as the responsibility falls on the employer even when a recruitment agency or an outsourced HR service provider is used.
Don’t be caught out by changing legislation: Contact Ami at aible.
