All you need to know about Right To Work checks.
The 30th September right to work changes have a fundamental impact on hiring with the introduction of a permanent digital right to work scheme. Based on the DCMS Trust Framework, this allows employers to conduct remote digital right to work checks as part of a modern digital hiring ecosystem.
The key change is that employers must conduct checks either face to face in person or via the use of digital technology (IDSP). The Home Office recommend the use of a certified IDSP, but this is not mandated. People with in-date visas will continue to use the Online Checking Service (OCS).
For clarity, from 1 October 2022, employers must carry out one of the prescribed checks as set out in the Right to work checks: an employer's guide before employment commences:
1. a manual right to work check;
2. a right to work check using IDVT via the services of an identity service provider (IDSP); or
3. a Home Office online right to work check.
Also visit employers' right to work checklist for further advice.
There is no requirement to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 30 September 2022. You will maintain a defence against a civil penalty, if the check you have undertaken between 30 March 2020 and 30 September 2022 was done in the prescribed standard manner or as set out in the COVID-19 adjusted checks guidance.
The Better Hiring Institute (BHI) has brought together all of the key information employers need to know in one place. The Right to Work Better Hiring Toolkit has been based on BHI right to work events with over 1000 employers. The BHI has been championing a digital solution since the start of covid and have worked with Ministers, Parliamentarians, and Civil Servants to influence the change, leading to our Chair being quoted alongside Ministers in the official UK GOV press release.
The BHI recognises that there remains a fundamental challenge for an estimated 1 in 5 job seekers who do not have an in-date visa or an in-date British or Irish passport and we continue to work with government to find a solution to this.
Take a look at our Right to Work Better Hiring Toolkit below. Feedback is important to us so if you have any questions feel free to send us an email over at secretariat@betterhiringinstitute.co.uk
