Changes to Right to Work Checks from 1st October 2022

During the Covid-19 pandemic, allowances were made for employers to the process when carrying out right to work checks. These allowances come to an end on 30^th September and employers will be required to carry out full checks again.

This means for all new employees, you should carry out the following:

For manual document checks:

1. Obtain their original identity documents (see the Home Office Guidance for what they are).

2. Check the documents are genuine and relate to the prospective employee. This should be done in their presence.

3. Copy the documents that have been manually checked and record when the check was carried out.

For online checks:

1. Access the Home Office online service using the individuals share code and date of birth

2. In the presence of the applicant, check the photograph on the online right to work check is the applicant

3. Print/save a copy of the online check

In limited circumstances, employers may be able to use a third party Identity Service Provider.

Employers can help ensure their compliance with the rules by creating step by step guides for those employees responsible for checking successful applicants right to work and ensuring they know what they are looking for and which method they should be using. With fines of up to £20,000 for each individual who is employed but does not have the right to work, it is important employers get this process right.

If you require help drafting guides, or advice on the changes please get in touch with our employment department on 01246 932 100 or email us at hello@dawsonradford.co.uk