Earlier this year the government announced that the process for right-to-work checking would change further. This followed the initial change from face-to-face right to work checks to digital checks when Covid 19 impacted the ability for employers to meet with prospective employees.
Right-to-work checks involve the employer checking a prospective employee’s documentation in connection with the entitlement to work lawfully in the UK. It is the responsibility of the employer to prove that they have carried out this process.
A recap on April 2022 changes
Back in April 2022, digital online checks were introduced for all foreign nationals, who are issued with biometric residence cards and permits. Since April, employers have been required to verify eligibility to work via the Government online checking service. To carry out this online check, the employer will require the prospective employee to provide their share code and their date of birth.
From October 2022
Digital online checks will include the optional use of a certified Identity Service Provider, to carry out right-to-work checks. This service provider will conduct the digital checks on behalf of the employer, using identity document validation technology, on receipt of the prospective employees documents, including a British or Irish passport. This replaces the current manual checking process whereby the employer takes copies of the original documents.
Manual checking can be continued if the employer prefers to conduct their right-to-work checks themselves, through this method for British and Irish nationals.
Right to Work Checks
It is illegal to employee someone without a right to work in the UK. Penalties for failure to carry out the required checks and for knowingly employing individuals without the right to work, include the employer being liable for a criminal conviction and fines up to £20,000 per employee/illegal worker.
It is therefore critical that employers are carrying out the required checks and staying informed of the forthcoming changes. Businesses should be considering how they process prospective employees right-to-work checks, and update their processes where necessary.
Nockolds HR can carry out Right to Work in UK checks, as well as other screening checks for new starters. Please contact a member of our team on enquiries@nockoldshr.co.uk or via 0333 400 7920.