Right to work checks

During the pandemic, the government introduced adjusted right to work checks for British and Irish nationals so that the rules were relaxed to avoid in person checks and to allow copy documentation.

From 1 October 2022, the system for these nationals will revert to one of either:

• Meeting the employees in person and physically checking appropriate documentation, taking a copy and securely storing it in accordance with the data protection laws, or
• Using a Home Office approved identity service provider (IDSP) to carry out the check.

The IDSP will use technology to check the documentation and its validity. Further guidance and a list of IDSP’s can be found here.

Failing to carry out the checks appropriately can lead to substantial fines of up to £20,000 per employee.

For non-British or non-Irish nationals, the position remains the same as it is now in that the prospective employee must share a code and the employer must check their right to work with the employers checking service.

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