Employment Law Update | August 2022
Employment Law Update | August 2022
Kendal Hulme, our Head of Operations, provides a employment law update for August 2022 in regard to changes to Right to Work Checks for British and Irish Nationals.
Right to Work Checks British/Irish Nationals – Changes from 1st October 2022
During the Pandemic the Government adjusted the right to work checks which currently allow for employers to either manually or via video call check scanned documents and so forth.
After September 30th 2022 this guidance will now change, and employers must conduct right to work checks for British/Irish nationals in one of the following ways:
- In person/phyiscally. Physically checking the documents with the employee, ensuring they have not been tampered with and are original. These documents must be copied, signed, dated and retained by the employer.
- Online. The alternative option is for an employer to appoint an Identification Service Provider (IDSP) which will verify the documents on behalf of the employer.
What is an IDSP?
An IDSP is a government certified provider that will verify the documents using Identification Verification Technology (IDVT). There is a fee attached to appointing an IDSP and currently the government have only listed a handful of certified providers, although they state in their publications this list will continue to grow as more become certified. List in linked if needed https://www.gov.uk/government/publications/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks#list-of-certified-idsps
Appointing an IDSP will not be appropriate for many organisations as the in-person route will be most practical, so employers must consider whether this option is required for them.
Many have questioned the benefits of using an IDSP, which at present there seem to be very few. Whilst an IDSP will support those employers who are based across the UK, and as a result minimise the time taken to physically meet with the employee, it does not excuse the employer of any liability. Employers are still expected to obtain, copy and retain the documentation, despite having it verified by an IDSP.
For British/Irish Nationals, employers must obtain, check, and copy a document from List A of the acceptable documentation, retaining it securely. Below is a summarised list which can be found in more detail in the government publication https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version
- Passport – can be current or expired and must show that the passport holder is a British Citizen of the UK and colonies with the right of abode in the UK;
- Passport Endorsed – showing the holder is exempt from immigration control;
- Birth or adoption Certificate – issued by the UK or Ireland which must be provided in conjunction with a National Insurance number;
- Passport Card – can be current or expired but shows evidence that the employee is an Irish citizen;
- Certificate of naturalisation – must be provided in conjunction with a National Insurance number
If you have appointed an IDSP they will only be able to verify current valid passports. If any of the alternative documents above have been provided, then the employer must verify these using the in person/physical method of verification.
How employers should prepare for the changes
Educate those responsible – Educate line managers and those responsible for recruitment and right to work checks in your business.
Review and update policies – Check that your existing policies and processes reflect the upcoming changes. Areas such as recruitment, onboarding, and induction need specific attention to ensure the current legislation is correct.
Consider options – Decide in advance whether appointing an IDSP as an alternative to physically checking documents in person is appropriate for your business.
If you would like to discuss the upcoming changes to Right to Work Checks and how they may affect your business, or you would like to learn more about how we can help you, get in contact with our team of experts today.
T: 0330 107 1037