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When the COVID-19 pandemic hit the UK, the government made provisions to allow the right to work checks to happen virtually. Initially, when these temporary COVID-19 measures were implemented, the Home Office said that follow-up checks on any employees who had had a COVID-19 adjusted right to work check, would need to be carried out within eight weeks of the temporary measures ending. The Home Office have confirmed that these retrospective checks will not be required, however, these adjusted COVID-19 right to work checks ended in September 2022.
From the 6 April 2022, employers have been able to use Identity Document Validation Technology (IDVT) to carry out digital document checks for British Citizens with a valid passport. A long term, post-pandemic working solution for the Right to Work Scheme has now been agreed by the Home Office to support employers who want to use face to face document checks or would like to adopt a permanent digital checking process.
what is a right to work check?
A Right to Work Check is a legal requirement for employers to verify the lawful immigration status of job applicants prior to employment.
What to check…
It is up to the employer to make sure that…
- The documents are genuine, original and unchanged and belong to the person in question.
- The dates for the applicants ‘Right to Work’ in the UK have not expired.
- Photographs provided are the same across all documents and look like the applicant.
- Dates of birth are the same across all documents.
- The applicant has permission to do the type of work the employer is offiering (including any limit on the amount of hours worked).
- If two documents give different names, supporting documents must also be provided such as a marriage certificate or divorce decree.
the options from 1 october 2022 will be as follows:
- Manual checks of physical documents. You need to see the candidate and their documents face-to-face.
- Perform an online check using identity document validation technology (IDVT) through a digital identify service provider (IDP) for example we use an accredited company, Experian, to validate all our candidates who are not able to attend our office in Wickford.
- Using the Home Office Right to Work checking system.
Employers who wish to introduce the digital write to work scheme and carry out right to work checks digitally and remotely on UK passport holders will need to use an accredited IDSP.
Remember, if an employer is found to be employing someone illegally, they may be liable for a civil penalty. Should the Home Office establish that an employer knew or should reasonably have known an individual was working illegally (fully compliant right to work check or not), then this would be dealt with as a criminal case, which can attract an unlimited fine and up to five years imprisonment.
Noble Recruiting are now offering a Right to Work Service for our clients through our Temporary Division. This service is for any of your candidates, not just workers supplied by us.
We will ensure your workers are validated through an accredited IDSP. Get in touch to find out more.
Our Temporary Division fill gaps in your business daily and manage your wage bill on a monthly basis by using our registered and screened Temporary Workers.
We manage our temporary workers completely, from their identification checks and relevant licences through to their hours, weekly payroll, holiday requests and general enquiries.
Need an extra pair of hand? Get in touch with our Managing Director, Joanna Noble today on 01268 762430!
