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As of October 1, 2022, all UK employers need to check right-to-work (RTW) documentation face-to-face, as special COVID-19 rules allowing remote RTW checks over a video call expired on September 30, 2022.
Employment Rules & Laws
Background
All UK employers must carry out RTW checks for new recruits, typically checking the employee’s passport (and keeping a copy) to ensure they have the right to work in the UK. Failing to do so exposes employers to fines of up to £20,000 per breach (plus criminal liability, disqualification of directors and reputational damage, among other risks) in the event that they illegally employ someone.
During the pandemic, the Home Office enacted temporary measures allowing employers to carry out RTW checks over a video call and accept scanned documentation. Those temporary measures no longer apply. As of October 1, 2022, employers must check RTW documentation face-to-face. However, the UK government has opened the door to an employer performing digital RTW checks via new technology.
Benefits of the move to digital
A key change is that employers can now work with an identity digital service provider (IDSP) using identification document validation technology to carry out digital identity checks on UK and Irish citizens. A list of IDSPs can be found on the gov.uk website. The process involves the new hire scanning their passport (or Irish passport card, if relevant) into the system and undertaking a biometric scan of their face.
That means employers now have two options for checking a UK or Irish citizen’s RTW:
- A return to face-to-face checks; or
- Use of a government-approved IDSP.
The ability to use IDSPs is a welcome addition for certain sectors, such as hospitality, since employers may have many checks to carry out and IDSPs allow the whole process to be outsourced. This option will not only save employers time, but also has the benefit of streamlining the process and ensuring that the employer does not fall foul of requirements.
With a number of accredited providers already in the market, and more likely to follow, employers will need to carefully consider the most appropriate provider for them, taking into account the different services and pricing options available, while being mindful that finding the right provider and securing a contract may take some time.
Other online options remain in place for recruits coming from outside the UK and Ireland who have a biometric residence permit, a biometric residence card, a frontier worker permit or an e-visa. These recruits may be able to provide a “share code” so that the employer can do the RTW check online.
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