It is crucial for all employers to understand how to perform right to work checks on potential employees. Failing to do so correctly can result in severe penalties, including fines, imprisonment or both, for hiring an illegal worker.
Right to work checks must be carried out for all prospective employees, regardless of their nationality or ethnic background, before they commence employment.
Due to Covid-19, an ‘adjusted’ right to work checking process was introduced, allowing checks to be conducted via video call. However, this process is now changing.
Starting from 1 October 2022, British and Irish workers must have their right to work documents verified either face to face or digitally through an Identity Service Provider (IDSP). Video calls will no longer be permitted for right to work document checks.
Only face-to-face checks, digital checks by an IDSP, or online checks (for foreign nationals with a visa) conducted on the Home Office website will provide a statutory excuse against a negligent illegal working offence. These checks must be completed on or before the employee’s first day of work.
Our downloadable resource, in collaboration with the Better Hiring Institute, provides everything you need to stay compliant with the new changes all in one place to ensure your processes is up to date.
By downloading this guide you'll discover:
Checks required for British and Irish passport holders
Checks required for overseas workers
When face-to-face checks are required
Frequently asked questions
Useful links to help you learn about the latest regulations
Download our free, 'Right to work guide', to help your organisation stay compliant using the button at the top of this page.