Sometimes viewed  as a recruitment ‘check box’ exercise, right-to-work checks are often dangerously not given the gravitas that  it deserves. It is an offence to knowingly  employ someone who doesn’t have  the right to work in the UK; if found guilty, a consequence could be jail time. Additionally, employers can also be penalised even if they unknowingly employ someone who doesn’t have  the right to work in the UK but failed to carry out the correct checks (which  can carry a civil penalty  of up to 20k!).

The Government put temporary  adjusted right-to-work checks in place to ease the pressure on employers during the Covid pandemic. The process at present is to request the employee provides either a scanned copy or photo of their original document which then should be verified by video call by asking the employee to hold up the original document which is then closely scrutinised against the scanned copy. Once satisfied, you should then note this on the scanned document which should be signed and dated i.e. “adjusted right to work check undertaken  on 20 August 2022 by Jade Craig”. These temporary  adjusted checks are due to come to an end on 30 September 2022.

So what  next?

Employers should prepare by fully understanding the home office requirements  for the full UK right-to-work checks and should have an internal process in place or may  choose to outsource this task to mitigate risk. There are several options for employers; The Home Office online  service can be used by non-EEA nationals who hold biometric residence permits/cards or EEA nationals who have  been granted  settled status. This gives employers a defence against a civil penalty. Employers may  also choose to use an Identity Service Provider (IDSP) to carry out the check digitally  for British and Irish citizens who hold a passport. If using this service, there is no requirement to see or check original documents as this is provided in real-time directly through the Home Office system (however  you should retain a copy of the digital check and be satisfied that  the photograph  is consistent  with the individual  presenting themselves for work!).  

A manual  check should take place for those who don’t hold a valid passport or do not wish to use the digital services. This will include receiving the original document and verifying  this in person with the employee. A scanned copy should be taken with a note such as “verified as a true copy on 20 August 2022 by Jade Craig” and retained. The Government’s  legal right-to-work service can help you navigate the correct right-to-work document requirements.

Savvy  VP can support you with your pre-employment and onboarding needs.