What has changed in the Right to Work checks?

As a response to Covid-19, an adjusted checking process for RTW was introduced for businesses to check on their employees. As of 1st October this will no longer be valid!

As a response to Covid-19, an adjusted checking process for RTW was introduced for businesses to check on their employees. As of 1st October this will no longer be valid!

Under the adjusted checking system, an employer could check RTW by viewing a scan of a passport or other valid RTW document, and then meeting the candidate on a video call such as Zoom or Teams. But in a move from the UK government to crack down on illegal workers; from October this method will no longer be sufficient to provide legal cover if they employ an illegal worker. The penalties for employing illegal workers can be very expensive, up to £20,000 per employee!

So how do I check RTW?

From 1st October there will be three ways to check RTW status that will allow employers to meet their statutory obligations and protect themselves against illegal working.

The first of these is the manual check that was used before the temporary adjusted checks were introduced. This involves an employer viewing RTW documents in person and verifying their validity in line with government guidance.

Secondly, the Home Office has introduced a new online checking system that can be used for UK nationals. To use this system, you must partner with an accredited digital identity service provider (IDSP), who would use their systems and technology to check for you. This technology varies depending on the provider with some using apps, others online platforms and so on. A full list of the accredited providers can be found on gov.uk. Using an IDSP is a paid service but this usually saves employees time and the cost-per-check is relatively low at around 50p-£2 depending on how many checks you need.

The third method of conducting a check is to use the Home Office’s Employer Checking Service which is a free online system for checking the RTW of overseas candidates only. Whilst this is free, it can be time consuming if you are already busy, so trade of between this method and the above will need to be analysed by businesses independently.

Why have RTW checks gone digital?

Since the temporary measure was introduced during covid-19, there has been a lot of pressure for a permanent digital solution to be developed. The result is investment in a digital platform that should enable businesses to quickly go through the process, whilst also increasing the effectiveness of the checks.

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