Employment Law
27th September 2022

Right to Work Checks 2022 changes

The temporary changes for carrying out right to work checks ceased at the end of September.

As of 1 October 2022, employers now have to return to the manual ‘in person’ Right to Work checks. But employers can appoint an ‘identification service provider’ (IDSP) to check the passport instead. So, from 1 October 2022, employers must carry out the prescribed checks as set out in their guidance. Available at: https://www.gov.uk/

Employers can ensure they take the following steps to be ready for this change:

  • refresher training for staff responsible for right to work checks;
  • make sure training includes since 6 April 2022, holders of biometric residence permits, biometric residence cards and frontier worker permits must have their right to work checked using the Home Office’s online system;
  • review the process for receiving, handling, storing and returning original documents needed for right to work checks;
  • identify an IDSP to carry out the identity verification element of right to work checks for holders of valid British or Irish passports OR ensure any manual checks policy you have is updated
  • decide how to conduct visual checks of the individual presenting for work:
    • in person,
    • via live video call initially or both

and  put in place the means to record and keep records of this

  • ensure that from 1 October 2022, endorsements on copies of manually checked original documents show that the original document has been seen.

But remember – You can be fined up to £20,000 for employing illegal workers!