Changes to Right to Work Checks from 1 October 2022
Right to Work Checks
To avoid facing sanctions, employers should carry out right to work checks on all employees before they start working. Follow up checks must also be carried out if employees only have time-limited permission to work. The checks are free to conduct unless the employer opts to use the new Identity Document Validation Technology (IDVT) process.
If the valid right to work check is carried out in accordance with the Home Office guidance, the employer will obtain a ‘statutory excuse’. The statutory excuse is an employer’s defence against a civil penalty if an employee is later found to be working illegally. All right to work checks should be stored securely in an employee’s HR personnel file for the duration of their employment, and for two years afterwards.
The Covid-19 Concession
During the pandemic, the Home Office brought in a Covid-19 concession which allowed employers to carry out right to checks remotely via a video call, rather than meeting potential employees in person. As of 30 September 2022, the concession will end, meaning that from 1 October 2022, employers will need to conduct right to work checks in one of the following ways:
1. a manual right to work check;
2. a Home Office online right to work check; or
3. a right to work check using IDVT through the services of an identity service provider (IDSP).
Employers will not need to carry out retrospective right to work checks on those who had a Covid-19 adjusted check between 30 March 2020 and 30 September 2022.
Manual Right to Work checks
Manual right to work checks involve the employer and the individual to meet in person. The individual must handover their original ID documents, and the employer must check these carefully; make copies and store the copies securely. It is not possible to carry out manual right to work checks in all cases.
Home Office online Right to Work checks
Since 6 April 2022, where an individual holds a Biometric Residence Permit (BRP) card, employers must perform an online check using a unique share code provided to them by the individual. The employer should check the online details carefully and then save the profile results page securely.
Identification Document Validation Technology (“IDVT”) checks
From 6 April 2022, employers can use certified Identity Service Providers to carry out digital right to work checks for British and Irish citizens who hold a valid passport or Irish Passport card. This method costs, as employers would need to pay a privately operated and Home Office approved provider to conduct these checks remotely.
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