As the world of work continues to evolve, so do the rules and regulations governing how employers in the UK manage their workforce. One critical area that has seen significant changes in recent months is the right to work checks. These checks are essential for employers to ensure that their employees have the legal right to work in the UK. Here’s a look at the latest updates on the UK right to work checks for employers, and how these changes could impact your hiring process.
1. The End of COVID-19 Adjustments: What Does It Mean?
During the COVID-19 pandemic, the UK government introduced temporary measures that allowed employers to conduct right to work checks remotely, rather than requiring employees to present physical documents in person. These adjustments helped streamline hiring processes during lockdowns and remote working arrangements. However, as of October 2022, the temporary measures ended, meaning employers must now revert to the pre-pandemic system of in-person checks.
Employers must ensure they are conducting these checks properly, either by reviewing physical documents or using the online right to work service provided by the Home Office. Remote checks are only permissible in specific cases, such as where employees are working abroad or where employers use a Home Office-approved identity verification service.
2. Online Right to Work Checks: Easier Than Ever
One of the significant changes in recent years has been the introduction and expansion of online right to work checks. The system allows employers to verify a potential employee’s right to work using their details through the Home Office’s online portal.
For UK and Irish citizens, this process can be as simple as entering a few details, and the system will verify the individual’s right to work instantly. It’s a simple, efficient tool for employers that can speed up the hiring process. Additionally, this is particularly helpful for employers who are hiring employees who might not have a passport or biometric residence permit, as they can use the online system for verification instead of relying on physical documents.
3. The Introduction of Identity Service Providers (IDSPs)
As part of the UK’s ongoing modernization of immigration and employment practices, the government is working on expanding the use of Identity Service Providers (IDSPs). These are third-party services that allow employers to check a candidate’s right to work using advanced digital verification technologies. The IDSP checks are intended to improve the speed and security of the verification process, making it easier for employers to confirm the right to work remotely, especially for workers who are non-UK nationals.
Employers looking to leverage this new system will need to register with a Home Office-approved IDSP, and these services may charge a fee. The move is part of the UK government’s push to reduce fraudulent documents and streamline the hiring process for companies.
4. EU Citizens and the Right to Work in the UK
After the UK left the EU, the rules for EU citizens wishing to work in the UK were significantly changed. EU nationals no longer have automatic free movement rights and now require immigration status to work in the UK.
Employers need to ensure that EU citizens applying for jobs in the UK have the appropriate documentation to prove their right to work. The Home Office launched the EU Settlement Scheme, which allows EU nationals and their families to secure settled or pre-settled status, allowing them to work in the UK.
If your employee is from the EU, it’s essential to check their immigration status using the same online service or biometric residence permit system, depending on the employee’s specific circumstances.
5. Employer Responsibility: Fines for Non-Compliance
One of the most critical aspects of right to work checks is the employer’s responsibility to carry them out correctly. Failure to complete the checks thoroughly can lead to serious consequences, including heavy fines or being banned from employing migrant workers for up to 5 years.
Employers are advised to conduct right to work checks before an employee starts working and to retain a record of the check, including copies of documents or screenshots of online checks. Even if an employee’s documents later expire or change, it’s important to recheck their status.
6. New Digital Solutions for Employers
In addition to the IDSPs and online checks, there is an increased emphasis on digital solutions for employers. The government has been pushing for a more paperless process, and there are several apps and systems now available to help employers with compliance. These systems integrate seamlessly into payroll and HR systems, making it easier to track employees’ right to work status and to stay on top of any changes to regulations.
7. What Employers Should Do Now
To stay compliant with the latest updates to the right to work checks, employers should:
- Review internal processes to ensure that right to work checks are being carried out according to the latest rules.
- Train HR staff to ensure they understand the changes and can manage the checks accurately.
- Make use of digital tools where possible to streamline the verification process.
- Check the immigration status of all employees, including EU nationals, and ensure they are working legally.
- Keep records of all right to work checks and follow up when necessary to ensure continuous compliance.
Conclusion: Stay Ahead of the Game
The UK’s right to work checks are an essential part of the hiring process, and the recent updates aim to make it easier for employers while also maintaining the integrity of the immigration system. By staying informed about the latest rules and leveraging digital solutions, employers can ensure compliance while reducing administrative burdens. Keep those documents in check and continue to follow best practices—it’s all part of making the UK a fair and legal place to work, no matter where you’re from.
