What is Changing?
The Home Office has been on a mission to digitalise immigration services and processes wherever possible and next month they will introduce a raft of changes to Right to Work (RTW) checks. The changes will allow for fully digital RTW checks conducted by government certified providers.
As of the 30th of September 2022, the temporary adjustment to process introduced during the pandemic, which allowed the use of video calls to check documentation, will cease. As of the 1st of October 2022, employers will have to ensure that they carry out a RTW check by either:
- Undertaking a manual, in person, RTW check
- Using the Home Office Online Checking Service
- Using an accredited Identification Service Provider (IDSP)
An IDSP will only be able to check current valid passports. If an employee is seeking to rely on any other type of document, then a manual check will need to be completed.
The key message for employers is: if they want to continue carrying out RTW checks remotely then they should secure the services of an IDSP. Otherwise, they will need to revert to completing all of their checks in-person.
This is where the Home Office will keep an up-to-date list government certified organisations.
The Knowledge Gap is Worrying
According to Staffing Industry Analysts (SIA) the knowledge gap among UK businesses is worrying and research from Xudus shows:
- 3% conduct no RTW checks at all
- 4% are completely unaware of any legal changes
- 47% are still unprepared for the legal changes
- 72% believe driving licences are compliant for RTW checks
- 78% are oblivious to the fact that directors they could face jail time for non-compliance
What Should Businesses Be Doing Right Now?
- Audit – complete an audit of those employees holding time-limited immigration status to ensure that the expiry dates have been properly recorded on HR systems and that follow-up checks have been scheduled.
- Review policies and process – recruitment processes and policies should be reviewed as employers will need to ensure that all checks are maintained and remain valid. Provided that the RTW check is carried out before an individual commences their employment, there are no prescriptive rules regarding when it should be completed. However, most employment lawyers strongly recommend that all checks are conducted at the point an offer of employment is made and the offer of employment should always be conditional upon the right to work requirement being satisfied.
- Training – offer training to employees who undertake right to work checks so that they properly understand the different processes that need to be followed.
- IDSP – decide if using the IDSP route is appropriate taking into consideration the cost, the resources available to complete the check and the location of workers.
- Work with trusted recruitment partner – Work with recruitment partners that already have the right processes in place and will complete the necessary RTW checks for you.
How Can We Help?
As your trusted recruitment partner, you can be sure that Stanton House has the right processes in place to keep you compliant. Whether you hire an interim or permanent employee through us we will only use an accredited IDSP to check an individual’s right to work giving you total peace of mind.
Disclaimer: This information is provided purely for general guidance. Please note that Stanton House Ltd is not authorised to provide legal or immigration consulting advice. Information provided was correct to the best of our knowledge at the time of writing – Sept 2022. Stanton House Limited does not accept any liability for the contents of this information and legal advice should be obtained in respect of any legal issues.
