From 1 October 2022, the rules around checking an individual’s right to work in the UK are changing.
A right to work check is a legal requirement for employers to verify the lawful immigration status of job applicants prior to them commencing employment.
The new Home Office guidance replaces adjusted right to work checks that were put in place during the Covid pandemic, allowing employers to check documentation remotely instead of in person.
From 1 October 2022, employers will need to carry out a right to work check using one of the following methods:
- A manual, in-person check using original and untampered with documents
- A digital check, using Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP) or the Home Office online service
Employers should ensure they retain a signed and dated copy of manual documents, or a record of the digital/online check, and retain these records securely for the duration of the individual’s employment and for two years afterwards.
The right to work check should be carried out before an individual commences their employment, preferably at the point an offer of employment is made. Any offer of employment should be conditional upon the right to work requirement being satisfied as this then leaves scope to retract the offer, or deal with any issues which may arise, prior to the start of employment.
Employers who do not follow the new guidance could face civil penalties of up to £20,000 per worker or even a custodial sentence if they are found to have employed an illegal worker without carrying out the right checks.
If you need any advice or assistance in implementing the correct processes and undertaking right to work checks, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.