Over the last two years we have regularly posted about the rules to follow for right to work checks using the temporary COVID-19 adjusted measure. From 1 October 2022 the temporary measure will no longer be permitted, instead you must perform one of following options:

  • physical face-to-face right to work check; or
  • conduct a digital identity verification using a certified Identity Service Provider (IDSP).

IDSP is a provider of ID verification services, also referred to as Identity Providers. They will assist with carrying out the digital right to work check for a prospective employee with either a valid British or Irish passport. A list of certified IDSPs can be accessed here.

For those who are unsure of what is deemed acceptable documentation used for a right to work check, guidance from the Home Office can be found here.

Companies who do not comply with the new guidelines could face a civil penalty of up to £20,000 per non-compliant worker, lose the ability to sponsor work visa applications for foreign nationals and could face criminal convictions.

All employment contracts should include a clause regarding the employee having the right to work in the UK and in the event an employee does not have the right to work in the UK, a clause to allow for the termination of the contract.

Priorities between now and 1 October 2022 for employers should be to review onboarding and right to work processes to ensure they are in line with the new guidance and all employees know how to adhere to these procedures.

If you have any queries on the upcoming change for right to work checks or want to discuss your contractual clauses to ensure you remain compliant, please contact hr@triviumlc.co.uk.