The temporary measures for right to work checks came to an end on 1 October. It is really important that Employers understand how to conduct a right to work check, as they can face a civil penalty of up to £20,000 for employing an illegal worker.
What is a right to Work check?
A right to work check is a Home Office process to establish that each employee or casual worker has the right to work in the UK before they start their employment.
What has changed?
Temporary right to work check measures were in place from 30 March 2020 to 30th September 2022 due to the pandemic. This allowed potential employees to send scanned documents to an employer, rather than originals. They would then conduct a video call and check the original documents and mark the copy scanned ‘adjusted check undertaken due to Covid-19.’
These temporary measures have now come to an end and Employers have the following options;
- Employers can use certified Identity Services Providers (IDSPs) to complete digital right to work checks for British and Irish citizens. This is an alternative to manual checks. The IDPs will complete these digital right to work checks on behalf of employers using Identity Document Validation Technology.
- Carry out a manual check. This involves meeting the potential employee in person, checking their original right to work document, copying it and marking the copy ‘right to work check undertaken on (date).’ The full list of approved documents can be found on the government website.
- If the potential employee is an overseas national with a biometric work or residence permit, these individuals’ right to work can online be checked online. It is important to note that manual right to work checks are no longer enough establish a statutory defence against a civil penalty in relation to these individuals.
If you are struggling with these changes and need some further advice, please contact the HPC team contact@highperformanceconsultancy.com.
