Digital Identity for Right to Work Checks – All You Need to Know

May 17th, 2024 by Daisy Birch

Organisations must secure confirmation of a prospective employee’s eligibility to work in the UK prior to commencing employment.

Employers and organisations must complete either original physical, face-to-face checking processes, obtain share codes for foreign nationals or use the services of an Identity Service Provider (IDSP). The choice an organisation makes will depend on applicant demographics and internal recruitment processes.

Two years on from the change in legislation and introduction of Digital Identity Service Providers (IDSPs), this article provides an overview of digital identity checks for right to work compliance.

What is a digital identity check for right to work?

Digital identity for right to work checks enable individuals to verify their identity using a valid British passport. This allows prospective employees to evidence their right to work in the UK remotely rather than presenting their physical documents to the employer, thus speeding up the on-boarding process. It is not a mandatory addition to the right to work checking processes but can be very helpful in streamlining the process – especially for those hiring remote workers or with reduced HR time.

What is the digital identity checking process?

Digital identity checks are made to be quick and easy for both the applicant and the employer. The process requires minimal input from both, in just 5 easy steps.

Is digital identity for right to work for everyone?

Digital identity verification for right to work checks is available to applicants possessing a valid UK passport.

Regardless of whether organisations choose to utilise digital identity checking into their on-boarding processes, it is crucial to maintain or establish alternative processes for individuals unable to use the digital identity services.

More information on right to work checking options and how DDC can facilitate those checks can be found here.

Ensuring compliance

Tips for employers considering digital identity for their right to work checks

It is the employer’s responsibility for ensuring that digital right to work checks comply with the Home Office right to work scheme.  When choosing a provider for your digital identity checks you should ask yourself these questions:

• Is the provider a certified IDSP?
• Does the IDSP provide any support to ensure that the individual being checked is the prospective employee e.g. imposter check?
• Is there a report that provides a clear and legible copy of the document?
• Are all the relevant pieced of evidence available in a single document e.g. date or check, who did the check and image of the person?

Consequences for not performing compliant right to work checks

• Employers who do not complete right to work checks in the UK could find themselves facing a civil penalty of up to £45,000 per illegal worker for a first breach. The penalty then rises to £60,000 per illegal worker for repeat breaches.
• Additionally, employers could receive five years in prison if found to have knowingly employed or had reasonable cause to believe someone did not have the right to work in the UK.

How can DDC help with digital identity checks for right to work?

As a certified Digital Identity Service Provider (IDSP) DDC’s digital identity service provides everything you need for right to work compliance. Utilising the purpose built DDC ID app, which links directly to the secure online DBS and pre-employment screening platform, DDC can reduce your time to hire and remove any friction in the onboarding process.

Contact the experts

If you would like to know more about how DDC can help with your right to work checks, speak with a background screening expert today. DDC’s experts can talk you through the process, ensuring you are compliant at every stage and tailor the package to meet your requirements. Contact the team on 0116 260 3055 | 0845 644 3298 or email contact@ddc.uk.net