You might be thinking you’ve got a touch of déjà vu but this is important new(ish) news! We’ve spoken a number of times over the past year about the temporary adjustments to right to work checks coming to an end which have been put back (and back and back), however now there is a definitive end date – 30 September 2022!
From 1 October 2022 the adjustments to how we did right to work checks that allowed them to be carried out over video call will no longer be permitted. If you don’t carry out the checks correctly you could be faced with a costly fine.
How to carry out a right to work checks
You can carry out face to face checks for British and Irish citizens. You should check for any sign of the document being tampered with. Check that any photos are of the individual presenting the documents to you, and where you are given multiple documents that the information is consistent across them all.
Take a copy of each document and record the date on which you made the check. Simply writing a date on the copy document does not, in itself, confirm that this is the actual date when the check was undertaken. You must also record that this is the date on which you conducted the check.
To make sure you are checking the right to work documents correctly you can use the government checklist, which will tell you which documents can be used.
If you cannot carry out in-person checks you can use the new government Identity Document Validation Technology (IDVT). Right to Work checks are carried out digitally by Identity Service Provider (IDSP).
Online Checks
When checking a foreign national’s right to work in the UK, you will need their date of birth and share code before you start an online check on the online service.
If your potential employee cannot provide documents or a share code you should check their immigration status with Employer Checking Service. https://www.gov.uk/employee-immigration-employment-status
You should always check someone’s right to work before their employment with you starts. We recommend you make it part of your recruitment process.
Employing an illegal worker is, well, illegal (of course!). If you become aware that an employee’s right to work has changed or they are unable to provide you with the information you are asking for to verify their status, you should very quickly investigate the issue. Check the Employer Checking Service and if necessary start a lawful dismissal process.
Full Home Office Guidance on Right to Work Checks can be found here
If you have any questions about right to work checks contact us