Further Changes to Right-to-Work Checks in 2022

Right-to-Work check requirements changed for employers on 6 April 2022, and there will be further changes later this year, which will increasingly shift employers to using online checks.

Until 6 April 2022, employers could check the right-to-work of any individual with a Biometric Residence Card, Biometric Residence Permit, or Frontier Worker Permit either manually or online. In other words, either by viewing their original documents and taking a copy of the physical card, or by carrying out an online check.

From 6 April 2022 employers must carry out an online check of right-to-work on such individuals.

Employers are not required to carry out retrospective right-to-work checks on existing employees if their employment started before 6 April 2022, and a valid right-to-work check was carried out at the time.

What about right-to-work checks on British and Irish nationals?

Employers can still check the right-to-work of British or Irish passport holders manually – by viewing their passport or a birth certificate and proof of national insurance number.

Indeed, at present this is the only way that employers can carry out a right-to-work check for such individuals. The government was aiming to introduce an online check for holders of British or Irish passports by April this year, but the process has been delayed.

The intention is for certified Identity Document Service Providers (IDSPs) to be able to carry out digital identity verification for British and Irish nationals who hold a valid British or Irish passport using Identity Document Validation Technology (IDVT). These checking services will be available to employers at a cost

At the present time no IDSPs have been certified. The government has, therefore, extended the Covid concession that allows employers to review right-to-work paperwork using scanned copies of documents, rather than viewing the originals. This concession only applies where a manual check is allowed, i.e. not to BRP or BRC holders.

As an employer, you will be responsible for ensuring that valid right-to-work checks have been carried out on all your employees, unless they are exempt. You must be confident that these checks are being carried out in conformity with current Home Office guidance, or you may inadvertently open up your business to a potential civil penalty of up to £20,000 per illegal worker. If you would like guidance, assistance, or training for you or your HR or onboarding team, Gherson would be happy to assist, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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