From 1 October 2022, UK employers will be required to use government-certified identity service providers (IDSPs) when conducting digitial right to work checks.
This is a change to the current guidance, which allows virtual checks to be conducted through video calls, apps or emails.
Prior to the pandemic, right to work document checks had to be conducted in-person, with the employer checking the physical document in the presence of the worker.
In light of lockdown restrictions in 2020 and widespread mandatory remote working, the Home Office amended its guidance under the temporary ‘COVID-adjusted checks’ scheme. The scheme allows employers to submit copies of acceptable documents digitally as photographs or scans.
Closure of the scheme has been delayed several times, largely to allow employers to re-adjust their processes and ensure compliance.
The scheme is now due to end on 30 September 2022.
It will be replaced by new requirements from 1 October 2022, with employers only permitted to carry out digital checks using government-certified identity service providers (IDSPs).
IDSPs use certified technology to take digital images of personal documents.
Employers that fail to meet the guidance can be issued fines of up to £20,000 per breach.
In-person, physical right to work checks remain unaffected, and records and documents must continue to be kept for two years after an employee leaves the organisation.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
