From 6th April 2022 there will be some significant changes to the process for carrying out checks when you take on a new member of staff to ensure that they have the right to work in the UK.
As of that date if you are going to employ a migrant worker who holds a relevant residence card or work permit then the right to work check can only be carried out online using the Home Office’s online right to work check service portal. Manual checks will no longer be an option for these individuals. The portal uses a simple share code which is generated by the prospective employee and they then provide that code along with their date of birth to the employer so that they can access the system and carry out the necessary check, using this system is completely free to employers and it generates a PDF which confirms right to work and any restrictions which can then be saved on your employee’s file. If you have already carried out a manual check before 6th April then there is no need for you to then go and conduct a digital check.
The temporary adjustments that were made during the pandemic to allow for virtual right to work checks via video and electronic copies of documents will cease from 5th April.
Furthermore, from 6th April the government is going to roll out a new alternative digital checking service using what it is calling Identity Document Validation Technology. This will be aimed at British and Irish citizens and will use certified providers who offer secure checking technology to carry out digital right to work checks, these providers may levy a charge for this service but as yet details of these costs have not been published. Employers can apply via the Home Office to become a certified provider themselves, subject to meeting specific criteria, so that they can carry out their own digital checks. Going forward if you still wanted to carry out a digital right to work check for British and Irish citizens these checks will only be permitted via this method, although manual checks will still be allowed using the current guidance.
Getting these checks right is vital as there can be hefty penalties and even imprisonment if you don’t carry out a check or don’t check the right documents which is on top of the stress and potential reputational damage such cases can cause.
Do you have questions about right to work checks?
Give us a call at CUBE HR on 01282 678321, we’ll be happy to advise you and we have policies and templates available to meet every HR need.
We also have a YouTube channel with loads of handy videos.
