Right to Work Checks: Guidance for Employers
Posted on 3rd May 2022 at 09:52
Checking a potential employee’s right to work in the UK is an integral part of the recruitment process.
The Home Office state that companies who fail to check before employment commences can face a fine of up to £20,000 per person for each member of staff who is found not to have the full right to work in the UK.
So, with recent amendments (April 2022) to what documents are valid and how these can be verified and forecast to be amended again (October 2022). Here’s what you need to know.
COVID-adjusted Right to Work check scheme. Temporary measures were introduced by the Home Office to allow employers to conduct document checks remotely during the pandemic. The scheme has been extended to September 2022.
Under the scheme, scanned or digital copies of the original right to work documents can be checked while on a live video link with the individual as part of a compliant right to work check.
Amendments to take effect on 6th April 2022, will change how employers can verify the right to work status of Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders.
BRC, BRP, and FWP holders will only be allowed to prove their eligibility to work through the Home Office online service.
Employers can start to make digital identity checks on holders of in-date British and Irish passports if they use an accredited Identity Service Provider (IDSP).
Out-of-date British and Irish passports are not permitted for digital checks but can be accepted as evidence of the right to work checked manually
For everyone else, you can continue with remote checks and video calls until 1st October and after that date, you will need to see an original document.
Amendments from the 1st of October 2022, employers will no longer be able to use the temporary Covid-adjusted right to work guidance.
There will be two types of right to work checks:
A digital check (via an IDSP or the Home Office checking service)
Manual check (in person)
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