All other checks, such as verifying the individual’s appearance with that of the document they have provided, must still be carried out by the employer in order to obtain a statutory excuse. The use of an IDSP only removes the need to see the original right to work document. If the check is incorrectly taken by IDSP, no statutory excuse will be established and therefore the company will be liable for a civil penalty in the event illegal working has occurred.Įmployers should also take note that using an IDSP does not relieve them of their responsibility to conduct a check.A fee, set by the IDSP, will be applicable for each check.This service cannot be used for those with indefinite leave to remain or in the UK on a visa (for these individuals, employers will use the free Home Office portal) They can only be used for British and Irish nationals with a current passport – those with an expired passport or who have never held a passport cannot use this service. However, there are a number of important limitations to note: This is particularly useful for any employees who are fully remote working. Since 6 April 2022, employers have the option of using IDSPs to verify eligible individuals’ right to work documentation. This offence is sanctioned by an unlimited fine and/or up to 5 years’ imprisonment. Employers who knowingly employ (or have reasonable cause to believe they are employing) an illegal worker commit a criminal offence. A failure to conduct valid right to work checks can incur significant civil financial liabilities of up to £20,000 per illegal worker as well as an impact on the employer’s sponsor licence (if applicable). engage the services of an IDSP – please see further below.Ĭarrying out these checks correctly is critical for employers.retaining evidence of the online right to work check.in the presence of the individual, checking that the photograph on the online right to work check is of the individual presenting themselves for work.accessing the Home Office online portal service using the share code provided by the individual plus their date of birth.do an online check ( this is mandatory for individuals with a BRP, BRC, FWP or e-visa) by:.The employer must also retain a secure record of the date on which the employer made the check. making a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy.checking that the documents are genuine and that the person presenting them is the prospective employee or employee, the rightful holder and allowed to do the type of work the employer is offering and.obtaining an original document as per set by the UK government in Lists A and B.For some, third party Identity Service Providers (IDSPs) may provide a solution however be aware that these are not a complete answer – significant limitations apply.įrom 1 October 2022, in order to conduct a valid right to work check (such that the employer will have a statutory excuse to a civil offence of employing someone who is not permitted to do the work in question), employers will need to: This means reverting to in-person checks and, for many employers with fully remote workforces, immediate thought needs to be given as to how this will be addressed. It was temporarily introduced in March 2020 as a response to the Coronavirus pandemic and eased the burden on employers checking physical right to work documents in light of the work from home mandates from the UK government.įrom 1 October 2022 onwards, employers will need to re-introduce original document checks. On 30 September 2022, the COVID-concessionary modified right to work scheme is ending. An important date is looming for employers.
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