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Guide to employee right to work checks

Any employer needs to check whether a person has the right to work in the UK. This has been the case for a long time, however with the upcoming change in legislation coming into force in October 2022 employers need to adapt their processes to remain compliant.


By doing simple right to work checks, an employer can make sure a potential employee satisfies the current immigration and employment laws.

 

If you cannot show evidence that you checked an employee’s

right to work in the UK you can be fined up to £20,000.

 

Employers should follow the government guidance so that they are able to claim a statutory excuse against any potential liability (e.g. if it turns out that the employee did not actually have the right to work in the UK)



The law is changing on October 1, 2022


From the 1 October 2022, employer will need to perform identity checks on potential candidates either by meeting them face to face or by using ID validation technology to verify hiring documents. It is recommended that businesses use government-certified Identity Service Providers (IDSPs) as it is likely ID validation technology will become mandatory soon.


Below you can find a list of all government certified IDSP.