Important changes to how employers and recruitment agencies can undertake right to work checks are going to be effective from 30 September 2022. This effects all job seekers who need to have their right to work in the UK checked before they can undertake a new role.
During COVID, the government adjusted their rules to allow right to work checks to be undertaken virtually (by video call) to avoid the need for face to face checks which were impossible during lockdowns. Rather than reverting back to requiring face to face checks, the government has been developing the ability to allow digital checks to be a permanent option.
The changes coming from 30 September 2022 are as follows:
- The temporary COVID adjusted checks (checking RTW by video call) ends;
- The new digital option (digital technology known as IDSPs) commences;
- The Online Checking Service (OCS) remains the same for people with in date visas (share codes);
- Face to face checking route remains absolutely fine for businesses to use.
The Home Office recommends the use of a certified IDSP, but this is not mandatory. Employers can use non-certified ones as many tech services continue to go through the new process of certification.
Employers using IDSPs need to ensure it is the same person they are employing, i.e. match the IDSP result of the person’s image against the interviewee/applicant. This visual check can be done in person on day 1 (or before), or by evidencing it via an online interview for example.
People without an in date British or Irish passport cannot use the new digital option, instead they must use the face to face/postal route. It is flawed that the new digital service cannot be used by British and Irish people without an in-date passport, we hope that jobseekers will not be discriminated against due to the longer time needed to undertake right to work checks.
It is a legal requirement for all employers to undertake right to work checks for their all of their staff, and recruitment agencies should undertake these checks before placing temporary workers with their clients.
