Right to work checks: Temporary adjusted checking extended
March 8th, 2022 by Jake Waddingham
The Home Office has announced an extension of the temporary COVID-19 adjusted right to work checks until 30 September 2022 (inclusive). The extension enables employers to continue to check copies of right to work documents whilst completing a video call with the prospective employee.
Why have the Home Office extended the right to work guidance?
The temporary adjusted right to work checks has been extended to 30 September 2022 to enable employers to implement Identification Document Validation Technology (IDVT) and long-term, post-pandemic working practices. In light of the Government’s announcement to make available digital identity for right to work and DBS checks from 6 April 2022, the extension provides the opportunity for employers to develop partnerships with technology and software providers.
DDC has been working closely with the Department for Digital, Culture, Media and Sport (DCMS), the Government department leading the digital change, and it is clear that it is not as simple as switching digital identity on for employers from 6 April 2022. The early release is expected to allow the verification of some documents, whilst others will still need to be checked manually. The extension allows an additional 6 months for identity service providers to adjust the technology to ensure compliance with the new legislation and to allow employers to develop commercial relationships.
How to complete right to work checks from 6 April 2022
- check the applicant’s original documents, or
- check copies of documents following the temporary adjustments until 30 September 2022
- check the applicant’s right to work online, if they’ve given you their share code
- use certified identification document validation technology (IDVT) service providers to carry out digital identity checks
What are DDC doing as part of the Digital Identity framework?
DDC are working with the DCMS and Home Office departments to ensure Digital Identity for right to work and DBS checks are functional for our existing and future clients. DDC are working towards becoming a certified Identity Service Provider and have recently passed the trial audit process to be part of the trial framework. This will allow clients to utilise DDC’s Identification Document Validation Technology, and use a single platform for multiple services.
Can employers still complete face to face right to work checks?
Yes, the original guidance on face to face right to work checks will continue when Digital Identity is introduced on 6 April 2022 and also continues after 30th September 2022. There is no plan to remove these guidelines in the near future. From discussions with the framework providers, this is going to remain an option for quite some time, and the guidance is currently that some employers may prefer a hybrid model of verifying identity both in person and remotely.
There are three key steps to a manual right to work check and to establish a statutory excuse, you must complete all three steps. These include:
Obtain – You must obtain the original versions of one or more of the acceptable documents.
Check – You must check the validity of the document(s) in the presence of the applicant.
Copy – You must make and retain a clear copy of the document(s) and record the date the check was made.
For some non-UK nationals, you can also complete an online check which follows a different process than a manual check of original documents. Applicants can share their right to work with you by using the Home Office online Right to Work checking service. To view an individual’s Right to Work online, the applicant must provide a share code to allow you to access the GOV.UK ‘view a job applicants’ right to work page’.
Do I need to retrospectively check employees who had the adjusted check?
You do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between 30th March 2020 and 30th September 2022 (inclusive). This means you maintain your ‘statutory excuse’ against a civil penalty with the correctly recorded processes and documents. This includes circumstances where you processed your Right to Work check, in line with the Covid-19 temporary guidance.
If you checked an employee’s right to work during the Covid-19 guidelines and their right to work in the UK is time-limited and is due to expire after 30 September 2022. You must complete rechecks compliantly as set out in right to work checks: an employer’s guide.
How can DDC ensure your right to work checks are compliant?
Whether you are an independent business owner managing your own HR function or a large national organisation with a dedicated team of HR professionals, DDC’s Right to Work checking service can support you. DDC’s Right to Work check provides:
- support to obtain your statutory excuse, avoiding fines of up to £20,000
- reduced risk to your organisation by using risk minimisation and fraud detection tools
- an easy online process to verify prospective employees right to work at any time
- confidence that your right to work checks are in line with Home Office and Immigration legislation
- a reduction in manual administration creating no more paperwork
- guidance throughout the process with no training or prior knowledge required
- a supportive and knowledgeable Customer Service Team on hand for any questions you may have
- a service that incorporates all documents and visa types including the online Right to Work confirmation share code
Ask the experts
If you would like to know more on how we can help with your Right to Work checks, speak with our background screening experts today. We 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 firstname.lastname@example.org
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