Written by Jodie Case | 28th September 2022

All employers in the UK are legally required to conduct simple right to work checks before they employ someone to prevent illegal working.

From 1 October 2022, there will be three methods of checking an individual’s right to work in the UK – manual checks, checks using the Government online system, or by using an Identity Service Provider (IDSP) to carry out the checks on the employer’s behalf.

From 1st October the guidance is as follows:

  • Manual checks must be carried out for British and Irish nationals. Employers will no longer be able to check documents remotely (e.g. viewing scanned copies or over video calls) but instead they must have the physical original ID documents in their presence.
  • If you are unable to carry out a manual check of original ID documents for British and Irish passport holders, you can use an Identity Service Provider (IDSP). For example, this might be if the person will work remotely at such a distance that they cannot present their original documents to you in person for checking.
  • The IDSP will complete an Identity Validation Technology check – the worker can upload evidence of their right to work digitally (e.g. a photo of their passport) and the accredited IDSP will then verify the identify and right to work and will provide the employer with that validation which can be retained as proof of the right to work check. As the employer, you will not have to see a physical copy of the original document. This service will come with a fee which is determined by the provider. More information on IDSPs can be found on the Gov.uk website.
  • For those with a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), Frontier Worker Permit and e-visas (for example, EU Settled Status, EU Pre-settled Status), the free Government online check portal can be used. The worker will provide you with a share code in order to check their right to work on the online portal.
  • Initial right to work checks must be carried out before employment begins.

We can help you establish a Right to Work Check process to make it as effective and pain free as possible.

If you have any questions and need some guidance call: 01256 328428 or email [email protected].