Right to work (RTW) checks
It’s easy to make the mistake of assuming that right to work checks are only necessary when hiring people from abroad. The law states that all employers are liable for conducting these checks and that they must be done for all employees, regardless of nationality or ethnicity, to help prevent discrimination in the recruitment process and rule out illegal working. A failure to conduct the necessary checks can result in severe consequences, including civil penalties of up to £20,000 per illegal worker. As per Cifas Fraudscape 2022 report1, the number of recorded identity fraud cases increased by 22% in 2021 (to 226,000 cases), accounting for 63% of all cases reported to the National Fraud Database (NFD).
Conducting the required checks correctly provides employers with a ‘statutory excuse’ against liability, thereby safeguarding them from penalties in cases where they unknowingly employ an illegal worker. Thus, ensuring the RTW of all employees is crucial for employers to avoid reputational damages to businesses and financial penalties.
From April 06 2022 the UK government introduced the concept of identity service provider (IDSP). A digital RTW check can be conducted by employers using an IDSP that uses Identification Document Validation Technology (IDVT) on behalf of British or Irish citizens with valid passports (including Irish passport cards).
For non-UK/Irish citizens, Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) have been removed from the list of eligible RTW documents. Holders of these cards will have to demonstrate their eligibility using a share code instead that can be generated on the Home Office website2.
1. https://www.fraudscape.co.uk/