Changes to 'right to work checks' from April 2022

Employers do need to be aware of the following: -

 They are all under an obligation to undertake right to work checks or risk significant fines and penalties.

• The obligation is to check all – to avoid discrimination.
• There is a statutory defence - once the checks are undertaken correctly.
• There are recent and ongoing changes to this area too (see below).

 Summary of the key changes

 An extension of the temporary online checks to September 2022.

• From April 2022, the introduction of the optional digital checks for UK and Irish Citizens.
• From April 2022 the introduction of the mandatory online checks for certain residence / work card / permit holders…..

 ….…please read on for more detail.

 Extension of the temporary online checks

The temporary COVID-19 adjusted right to work check measures are extended to apply to 30^th September 2022 (inclusive).

By way of reminder, the temporary COVID-19 adjusted right to work check rules allow right to work checks to be carried out digitally, for example over video calls for new and existing workers who may then send scanned documents or photos of their documents to employers as opposed to the original obligation to have a physical presence of the person and their documentation to check.

Employers will maintain their statutory defence against any alleged civil penalty based upon a failure to carry out right to work checks - providing the checks are undertaken in the prescribed manner set out in the COVID-19 adjusted checks guidance - which you can find on government website: https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks

We also know that no further retrospective checks on employees who had a COVID-19 adjusted check will be required once the rules change back again in September 2022. 

Optional digital checks for UK and Irish Citizens

From 6^th April 2022, employers may use identity document validation technology (IDVT) service providers to verify the identity of British and Irish citizens with valid passports.

Where you do use IDVT, please note you do still need to take a clear copy of the IDVT identity check, and the document checked - in an unalterable format.

Employers must use certified / published Identity Service Providers for this service – caution is required here, if they are not so then the checks may be invalid.

Fees will be required to utilise the service which will have an impact for certain size employers.

Employers aren’t forced to use this system as the checks are undertaken correctly by other / usual means.

 Biometric Residence Permits / Cards and online checks

Employers will be required from 6^th April 2022 to use online checks for all biometric cards / permits (Biometric Residence Permits/Cards and Frontier Work Permits) using the Home Office online system - to ensure they have the statutory defence of having undertaken the correct checks.

 Retrospective checks are not necessary

 Providing checks were done correctly under the obligations at the time, new systems will apply from 6 April 2022, not prior to that.

 If you do you have any queries on your obligations, both manual and digital, please contact the team and we will be happy to assist on enquiries@bridgeehr.co.uk