Most employers already know that they must conduct a right to work check before they employ a person. To verify an individuals’ right to work status, employers must do one of the following before the employee commences employment:
1. A manual right to work check, in person
2. A right to work check via an IDSP
3. A Home Office online right to work check
From 1st October 2022 employers are no longer able to verify right to work documentation via video call, or other remote means.
Manual Checks:
In person checks remain unchanged if you are currently physically verifying right to work documents. Employers will need to:
Step 1: Obtain acceptable documentation.
Step 2: Check that the documents are genuine, and that the prospective employee is the rightful holder and allowed to do the type of work you are offering
Step 3: Copy each document and retain securely: electronically or in hardcopy with verification of the date in which the check was made. Simply writing a date on the document is not enough, you must also record that this is the date on which you conducted the check.
IDSP (Identity Service providers):
Employers may work with IDSPs to carry out digital identity checks on behalf of British and Irish citizens who hold a valid passport (including Irish passport cards).
Employers are obliged to satisfy themselves that the IDSP has carried out an identity check on the employee, and to retain copies of the check.
Employers will still need to meet the ‘candidate’ in person or remotely to check that they are the same person being referred to the IDSP for the check.
For DBS checks, employers must use a certified IDSP.
A list of certified IDSPs can be found here.
Home Office Online Checks:
Employers must ensure that they are using the Home Office online right to work checks for any new employees who hold a Biometric Residence Permit card or who are registered under the EU Settlement Scheme.
You will need the employee’s permission, via a ‘share code’, and their date of birth before you go to Home Office website to complete the right to work check.
You must make sure that the photo on the document is the person you plan to employ and that it clearly states they have the right to work in the UK.
You must keep this document securely on their HR files.
If the check is time limited, it is important to diarise to undertake a future follow-up check before the current permission expires.
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