03/10/2022

The temporary right to work checks (Right to Work Scheme COVID-19 Adjusted Checks), implemented on 30 March 2022 to help employers during the Covid pandemic, ended on 30 September 2022.

As of 1 October 2022, right to work checks can be completed in one of three ways:

• Manually – by meeting with a prospective employee in person and physically checking original documents in their presence, taking a signed and dated copy and retaining copies securely.
• Home Office Online Check – by obtaining a share code from the prospective employee and using this to check their right to work via the Home Office Employers Checking Service. This is mandatory for all holders of Biometric Residence Permits, Biometric Residence Cards, and Frontier Work Permits.
• Appointing an Identification Service Provider (‘IDSP’) – for British and Irish passport holders only – who will use Identification Document Verification Technology (‘IDVT’) to check passports on behalf of the employer.

For employers intending to use the services of an IDSP, it is important to note that:

• you are still required to verify the content of the IDVT report and retain a separate record to confirm that a visual check has taken place, which should:
  • confirm that the appearance of the prospective employee is consistent with the passport details and image on the IDVT report;
  • identify who conducted the visual check (either by video link or in person);
  • confirm the date of the visual check.

• prospective employees can choose to opt out of using an IDSP and must not be treated less favourably if they do so. Instead, they must be offered a manual right to work check.

Template Clause and Letter to Prospective Employees

Members may wish to include the following right to work template clause in their letters of offer:

Proof of Legal Right to Work within the UK: If not already provided, you should bring proof of your eligibility to work in the UK. If you are a holder of a British or Irish passport or Irish passport card, you should bring this on your first day (which we will then copy and return to you).  If you do not hold a British passport or Irish passport or passport card, then the Company will need to see additional documents proving that you have permission to live and work in the UK. You should contact [POSITION] to find out which documents you will need to provide.

A template letter setting out further information for prospective employees on what additional documents they are required to provide in order to prove their eligibility to work in the UK will be available in the members area shortly. This template includes an option for companies that use the services of an IDSP to conduct right to work checks on British and Irish passport (and Irish passport card) holders.

If you have any queries on this you should contact the Legal Team.