Shorter Reads

Employers: Are you ready for the changing Right to Work checks from 1 October?

1 minute read

Published 23 September 2022

Authors

Share

Key information

Navigating ‘Right to Work’ checks has long been a key component of employers’ obligations when onboarding new employees.

These checks must be conducted before an individual starts work and any offer of employment should be conditional upon the Right to Work check being satisfied. Failure to conduct these checks can result in fines of up to £20,000 per worker as well as criminal penalties and reputational damage.

In response to the COVID-19 pandemic, adjusted Right to Work checks were introduced on a temporary basis in March 2020. This meant that checks could be carried out over video calls rather than in person. However, these adjusted checks will come to an end on 30 September 2022.

From 1 October 2022, employers will need to carry out Right to Work checks using one of the following methods:

  • manual, in-person Right to Work checks;
  • the Home Office online checking service (if the individual is eligible); or
  • paying for an Identity Service Provider (IDSP) to conduct digital identity verification (although at present, this will only be possible for British and Irish passport holders).

The appropriate method to use will depend on the individual’s immigration status and the documents they hold.

Employers who have not done so already should review their hiring procedures in light of these changes and offer training to those conducting Right to Work checks. Employers should also consider whether the IDSP route is appropriate, taking account of the percentage of employees who hold various immigration documents and the rate of staff turnover.

For advice on conducting Right to Work checks, please contact our Employment Team.

Related latest updates
PREV NEXT

Related content

Arrow Back to Insights

Shorter Reads

Employers: Are you ready for the changing Right to Work checks from 1 October?

Published 23 September 2022

Associated sectors / services

Authors

Navigating ‘Right to Work’ checks has long been a key component of employers’ obligations when onboarding new employees.

These checks must be conducted before an individual starts work and any offer of employment should be conditional upon the Right to Work check being satisfied. Failure to conduct these checks can result in fines of up to £20,000 per worker as well as criminal penalties and reputational damage.

In response to the COVID-19 pandemic, adjusted Right to Work checks were introduced on a temporary basis in March 2020. This meant that checks could be carried out over video calls rather than in person. However, these adjusted checks will come to an end on 30 September 2022.

From 1 October 2022, employers will need to carry out Right to Work checks using one of the following methods:

  • manual, in-person Right to Work checks;
  • the Home Office online checking service (if the individual is eligible); or
  • paying for an Identity Service Provider (IDSP) to conduct digital identity verification (although at present, this will only be possible for British and Irish passport holders).

The appropriate method to use will depend on the individual’s immigration status and the documents they hold.

Employers who have not done so already should review their hiring procedures in light of these changes and offer training to those conducting Right to Work checks. Employers should also consider whether the IDSP route is appropriate, taking account of the percentage of employees who hold various immigration documents and the rate of staff turnover.

For advice on conducting Right to Work checks, please contact our Employment Team.

Associated sectors / services

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Article contributors

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up
    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close