Upcoming changes to Right to Work checks
In the UK, employers are required by law to check that their employees have the Right to Work (RtW). Employing someone without the right to work can lead up to a fine of up to £20,000 per worker. Employers that can’t demonstrate that they carried the RTW check in the appropriate manner might be liable. You can find more information about it in the Home Office’s Employer’s guide to right to work checks.
At the beginning of the COVID-19 pandemic, adjusted RtW checks were put in place, which meant employers could conduct RTW checks by viewing a scan of a passport or other valid RTW document.
However, from the 1st of October 2022, adjusted RtW Checks will no longer be accepted and, from that date, employees will have three ways to check a candidate’s RtW:
- Manual checks – view documents in person and verify their validity in accordance with government guidance.
- New online checking system that can be used for UK nationals, where the employer needs to partner with a provider of digital ID certification.
- Home Office’s Employer Checking Service for overseas candidates.