LEGAL UPDATE 2 - Right-to-Work
Posted on 20th October 2022 at 10:29
Right-to-work checks changed on 1st October 2022 – were you aware?
The process for checking a person’s right-to-work has now changed from 1st October 2022 and I wonder how many employers were aware of this change.
Employers have a legal obligation to ensure employees have the proper authority to work in the UK. Getting these checks wrong can lead to fines of up to £20,000 per illegal worker, disqualification as a company director, being prohibited from sponsoring migrant workers, and the seizure of earnings made because of the illegal work. Therefore, is it imperative employers fully understand the correct way to complete right-to-work checks.
During the Covid pandemic, temporary measures were introduced by the Home Office to allow employers to conduct document checks remotely, eliminating the need for in-person checks by asking the employee to submit a scanned or photograph of their ID. But, after 30 September 2022, this process stopped.
From 1 October 2022, employers can no longer use the adjusted digital checks to check someone’s right to work.
Instead, the options that employers must use to conduct right-to-work checks are as follows.
An online check (this is mandatory for all Biometric Residence Permits/Cards and Frontier Work Permit holders);
An in-person manual check (for example checking the original, physical document, in the presence of the individual. This should only be used for those who are not within the scope of the online service); or
Using an identity service provider (IDSP) that offers identity document validation technology (IDVT)
Digital identity verification conducted by IDSPs is the process of obtaining evidence of the prospective employee’s identity, checking that it is valid and belongs to the person who is claiming it. Holders of valid British or Irish passports (or Irish passport cards) can demonstrate their right to work using this method, and employers will be provided with an output of the IDVT identity check.
It's important to remember that digital checks through the services of an IDSP can only be utilised for British and Irish citizens. To check the right to work of foreign nationals, employers should either complete a manual check or use the Home Office’s online checking service.
For further information and an Employers’ Right to Work Guide:
Please read our Legal Update 1 - Holiday Pay here
Tagged as: HR, Legal Update, Right to Work, Employees,
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