Right to work checks UPDATE!

Employers and agencies were permitted to continue hiring despite lockdowns and other covid restrictions due to legislative changes made by the government in response to the pandemic. The emergency measures are now being phased out. At the end of September, one of them, performing Right to Work checks remotely, will end. How can employers and agencies prepare for this?

The ID check, as well as its administrative twin, the Right to Work check, have long been an integral part of onboarding new employees and candidates. In order to prevent illegal working, it is first necessary to verify whether someone is who they claim to be, and secondly, whether they are able to work in the UK.

An individual's Right to Work is determined by checking their identification documents (usually their passport and/or immigration documents), and verifying that they are who they claim to be. A person's right to work in the UK is also checked with these documents. Those who fail to conduct proper Right to Work checks on illegally working employees can be fined up to £20,000 per illegal worker. Employers who do their due diligence by performing the correct checks are protected from civil liability by establishing a statutory excuse. It is for this reason that employers and agencies want things to go smoothly.

As of 1st October 2022, employers will no longer be able to conduct Right to Work checks over video or with scanned documentation. Right to Work checks should be carried out in one of three ways:

• Physically checking Right to Work documents in person
• Using the online service provided by the Home Office
• Identification service providers (IDSPs) that are accredited

A candidate's immigration status and what documentation is available will greatly influence the method an employer chooses. It is necessary to use the Home Office online checking service in combination with a face-to-face check for individuals who have biometric documents (such as Biometric Residence Cards and Frontier Worker Permits), digital status or E-Visas, or who received their visas through the UK immigration ID check app. British and Irish passport holders, or those with a physical visa (passport vignette), are not eligible for online checks. The check must be performed via an ISDP and a manual verification of original documents.


If you have any questions at all regarding digital Right To Work checks, or anything else, don’t hesitate to get in touch.