Is your business prepared for right to work check changes?

A recent survey by Xydus shows that half (48 per cent) of businesses are unprepared for the upcoming changes to right to work checks. The changes, which will be implemented on 1 October, mean that, if carrying out digital right to work checks, employers will have to use identity service providers (IDSPs) to conduct these.

The current right to work check guidelines were put in place to allow for remote working during the pandemic. Employers have been able to temporarily carry out checks using video calls, emails or through apps, instead of using original copies of documents. These measures are due to end on 30 September.

If employers want to carry out digital checks, the government recommends employers use certified IDSPs – meaning that only digital images of personal documents taken using the certified technology are permitted. Records must be kept for two years after an employee exits the business.

In-person right to work checks remain unaffected.

Businesses could face a civil penalty of up to £20,000 per non-compliant worker, lose the ability to sponsor work visa applications for foreign nationals, and even face criminal convictions if they do not comply with the new guidelines.

Even though 96 per cent of those surveyed were aware of the upcoming changes, some showed lack of awareness on what this means for their checks process. More than a third (37 per cent) thought they would still be able to submit photos via email, while 30 per cent said they could do this over Zoom.

Almost three-quarters (72 per cent) believed driving licences were compliant, even though this has never been permitted as appropriate evidence of right to work.

Three per cent claimed that they do not conduct any right to work checks at all, and four per cent were completely unaware of the upcoming changes.

Businesses should add in a right to work clause in offer letters and employment contracts, to allow for termination of a contract if an employee does not have the right to work in the UK.