Changes to Right to Work Checks from October 1st: Who’s affected?

If you have recruited staff at any point over the past two years, you’ve probably benefited from the relaxed rules for Right to Work (RTW) checks.

Under current rules, employers can use the following methods to establish whether an individual has RTW in the UK:

• checks can currently be carried out over video calls

• job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals

• employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

The changes to RTW checks were originally brought in back in March 2020. The relaxed rules were intended to make it easier for employers to recruit whilst still conforming to social distancing guidelines.

An end to the current rules

It's fair to say, the current way of carrying out RTW checks has been a great success. In our increasingly digital economy, it has enabled employers to engage remote workers and employ talent they may not have had access to otherwise.

Businesses recognised how useful the temporary RTW rules have been and lobbied government to bring in rules that would address the changing world of work.

The temporary rules were originally supposed to be scrapped back in May 2021. However, thanks to campaigns from industry leaders, this date was extended repeatedly.

The current rules will now cease to apply from the 30th of September 2022 (inclusive).

Digital ID Verification

Industry lobbying, combined with the pandemic, has forced UK Government to accelerate its plans for the introduction of digital Identity verification (IDV).

In the simplest of terms, digital IDV is checking someone is who they say they are using digital tools.

Video calls and scanned documents are probably the most basic form of digital IDV. But these are not secure or accurate enough to be a long-term solution.

The government have been working with several digital identity service providers (IDSPs) to build technology that will allow digital IDV to be carried out in line with their ‘digital identity and attributes trust framework’.

This framework outlines how people can create, share and reuse digital identities to prove RTW, engage government services and right to rent.

From what we understand, it is only passports and driving licences that will be viable documents for establishing digital identity.

ID in the future

The temporary RTW checks will be replaced by digital IDV options from October 1st. The reason that the government extended the temporary rules to this date is to give businesses a chance to engage with digital IDSPs.

In-person RTW checks will of course still be an option. But for any business recruiting individuals remotely, they will need to engage with a digital IDSP and ask their candidates to create a digital ID.

So far it appears that digital IDV technology can only work using passports and driving licences. While this isn’t a problem for many, these documents are far from universal in the UK.

Based on ONS stats, between 20-25% of the UK population don’t have a passport. But this figure includes every single passport holder, including under-18s and retirees. The stat for the working age population is likely higher. Stats for driving licences are better, but 20% of adults still don’t have a licence.

This issue was brought into focus recently when the government introduced photo ID as a requirement for voting.

Around 11 million adults in the UK don’t have either a passport or driving licence and 3.5 million people have no form of photo ID at all.

Problematic for freelancers and contractors

The new rules won't have much of an impact on businesses recruiting traditionally, as they will still be able to complete in-person checks.

These rules could significantly affect businesses that engage with freelancers, contractors or who have an entirely remote operation. Those without an in-date passport will be unable to find work remotely, as they have been doing for the past 2 years.

Industry groups are meeting with the UK Home Office on September 1st to try and make sure the changes work for everyone. But as Keith Rosser, Chair of the Better Hiring Institute, writes, ‘that September 1st event is too close for comfort to the deadline of September 30th ‘.

Digital IDV is clearly a massive step forward for the UK Government. Now, it just needs to ensure that it implements a system that works for businesses, individuals and ultimately the economy.