Since Covid hit us the home office took a temporary change to the way employers were able to legally check right to work documents. These temporary measures will be ending in September so here is what you need to know to ensure from the 1st of October 2022, you are compliant with your employee right to work checks.
So what documents are you able to accept as part of your right to work checks?
I have included a link below which includes a full list of the right to work documents which are accepted by the home office to confirm an employee’s right to work.
Ensure when checking documents, you see the original and take a copy of the original right to work document, signing the document to confirm you have seen the original and dating the photocopy to confirm when you completed this check.
What if they do not have the correct documents or if I am still not sure if the documents are legit?
If after checking the documents you are still not 100% sure or if candidates are not able to provide original documents, then its worth using the link below.
You can make use of the home office employer checking service which will be able to assist in confirming if your employee or prospective employee as the right to work, using the link below.
Home office employer checking service:
https://www.gov.uk/employee-immigration-employment-status
My Employee has a share code, what do I need to do next?
If your employee or prospective employee has a share code, you simply can check the government website using the share code and it will be able to provide if that person has the right to work.
Once you have checked online. Print the confirmation and save within your employee records to confirm you have carried out the check or save digitally.
Check Share code:
https://www.gov.uk/view-right-to-work
So, what exactly is changing from the 1st of October?
During Covid the government put temporary measures in place to assist employers being able to check right to work documents remotely. This involved employer being able to check right to work documents over video call with the employee holding up the right to work document to the camera on a video call and sending a photocopy / photo to the employer for their records.
From the 1st of October this will stop, and employers will no longer be able to check the right to work documents without seeing the original in person or without using a IDSP service which is a third-party service provider which can check an employee’s right to work on your behalf.
Going forward there will be 3 ways you are able to confirm a candidate’s right to work to ensure you are compliant.
- Check candidates right to work documents in person and taking a copy of the document, ensuring you date and sign to confirm when you checked the original document.
If checking documents from List A, you will not need to do any further checks on the individual. If checking documents from List B you will need to ensure you do, follow up checks to ensure the individual continues to have eligibility to work.
- Use a IDSP (Identity Service Provider) to check a person’s eligibility to work, there are many providers that are certified to carry out these checks, you may need to pay a fee in order for them to carry out the checks on your behalf. You will need to obtain a clear copy from the provider of the check and keep this on record for the duration of the individual’s employment and 2 years after that person has finished employment with the employer.
A list of home office approved providers at the link below.
- Use the home office online right to work checking service, it will not be possible to check everyone’s right to work using this service and when this service is not available you will need to complete a manual check.
Ensure you retain a copy of the digital right to work check for the duration of the individual’s employment and 2 years after this.
https://www.gov.uk/employee-immigration-employment-status
Where a right to work check has been conducted using the services of an IDSP on British and Irish citizens, a continuous statutory excuse will have been established and there is no requirement to see the documents listed above or to carry out a follow up check.
Where a right to work check has been conducted using the Home Office online service, the information is provided in real-time directly from home Office systems and there is no requirement to see the documents listed above.
Hopefully you are all up to speed but if you ae still not up to speed or want to have a chat with us on checking an employee’s right to work, then get in touch and we would be more than happy to assist.
