Changes to Right to Work checks from 1st October 2022

Every employee, regardless of nationality, requires proof that they have the right to work in the UK. As an employer, you are responsible for carrying out checks before an individual commences their employment. Usually you would do this once you’ve made an offer of employment.

I would advise that any offer of employment should be a conditional offer, making clear that employment is on condition that the individual has the right to work in the UK. This check should be part of your recruitment and induction procedures.

How to undertake a Right to Work check.
Up to 30^th September 2022 checks could be carried out via a manual check or by arranging a video call with the employee and checking their scanned documents.

From 1^st October this has changed and a right to work check can be carried out three ways:

Physically. By meeting with the employee and ensuring that the documents they are presenting are original, untampered with and belong to them. You should take a signed and dated copy of the document/s and retain these securely.
Online. By appointing a certified Identification Service Provider (“IDSP”). The IDSP will then use Identification Document Verification Technology (“IDVT”) to check the passport of the British & Irish national on behalf of employers. The government have a list of certified IDSPs here.
Home Office online right to work check.

Therefore, right to work checks made using video conferencing are no longer acceptable after 30^th September 2022.

Acceptable documentation for British & Irish nationals
When carrying out a manual right to work check, the employer must obtain original documents from the list(s) of acceptable documents.

Generally a passport is the most commonly used document to confirm identify and right to work. Passports can be current or expired for a physical right to work checks.

For the full list of acceptable documents, please visit the government website here.

Whether doing physical checks or via an IDSP you are expected to retain a copy of the documents that were used in the checks.

What do I need to do?
You need to continue you carry out right to work checks, and keep copies of relevant documents. If you are able to carry out checks physically, then there is no change to your practices.

If you have sites and staff across the UK you can use the online system, which saves the time and costs of physically meeting new employees. You also have the confidence checks are completed consistently.

How long to I keep documents?
Where a manual right to work check is conducted it is important to ensure that copies of all right to work check documentation is kept securely for the duration of the person’s employment and for a further two years after their employment ends. Employers are expected to produce these documents quickly on request from any statutory agencies.

For online checks you will be required to keep a copy of document that the IDSP checked as well as a copy of the IDVT report confirming the worker has the right to work in the UK.

If you have any queries about right to work checks then please get in touch.

You may also be interested in my article ‘The key to a successful induction’. This also has a link to a downloadable example induction checklist, to help you plan pre-employment checks and induction.

If you have any questions about this update, please get in touch.

Have a good week!

Keeping up to date with right to work checks