The temporary measures brought in to allow employers to conduct right-to-work checks remotely ended on Friday 30 September.
Every employee, regardless of nationality, requires a right-to-work check to make sure they are eligible to work in the UK. The temporary measures were introduced during the Covid-19 pandemic, when meeting face-to-face was impossible, to allow businesses to conduct right-to-work checks over video calls. It also permitted job applicants and existing workers to send scanned documents or a photo of documents for checks rather than sending originals.
How To Conduct Right-To-Work Checks
Since 1 October, however, employers need to check the right to work in one of three ways:
- An in-person manual check using original documents (scanned or photocopies will no longer be accepted)
- An online process on the Home Office’s website
- Using an identity service provider (IDSP)
Regarding option 3, an IDSP will use Identification Document Verification Technology to conduct identity checks in respect of individuals who are not in scope to use the Home Office online services, on behalf of the employer and will validate the identity of the applicant and their documents remotely. To start with, the process will only cover British and Irish citizens. A list of certified IDSPs can be found on the Government's website.
The Home Office has confirmed that retrospective checks will not be required for those who had a Covid-19 adjusted check between 30 March 2020 and 30 September 2022 but employers are advised to make sure that checks are put in place to comply with the rules now that the concessions have ended.
Knowingly employing someone who does not have the right to work in the UK is a criminal offence. Conducting one of the above checks correctly will, however, provide a business with a statutory excuse and protects them against liability for a civil penalty if that person is later found to be working for them illegally.
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