Crucial changes to the UK’s Right to Work legislation became law

CRUCIAL changes to the UK’s Right to Work legislation became law on October 1, and this could have a major impact on the already difficult process of employing new staff.

According to government-certified digital identity provider Xydus many businesses don’t appreciate the requirements of the new law and could find themselves in considerable difficulty.

Prior to the pandemic, the majority of Right to Work checks were conducted in person as required under Home Office rules and prospective employees showed documents providing evidence of their right to work to employers who stored a copy.

During the pandemic, temporary adjustments were made to these requirements in order for remote work to be facilitated, and help businesses continue to hire in lockdown.

For the first time ever, in-person checks were permitted to be carried out over video calls, and job applicants were able to send a photo of their documents to employers via email.

Now all UK businesses must use government certified Identity Service Providers (IDSPs) to complete digital Right to Work checks

Digital checks require the submission of images of personal documents using certified ID validation technology to verify the employees right to work. Any other method is non-compliant

Failing to comply can result in a civil penalty of up to £20,000 per non-compliant check with those found guilty losing the ability to sponsor work visa applications for foreign nationals and even criminal convictions in serious cases

In addition, records need to be kept for up to two years after an employee leaves the business.

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