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  • How can you virtually check employees’ Right to Work?

How can you virtually check employees’ Right to Work?

Employers will be able to use Identity Document Validation Technologies (IDVT) to carry out Right to Work checks without in-person inspections.

20 Jan 2022, 2 min read

On 27 December 2021, the government announced it will enable employers to use Identity Document Validation Technologies (IDVT) to carry out Right to Work checks following extensive lobbying efforts from the CBI and wider business community.

The new legislation will come into effect from 6 April 2022, immediately after the current Covid-19 digital adjustments end on 5 April 2022. Employers found that the temporary digital adjustments made recruitment and onboarding faster, simpler and more effective.

In the context of a tight and competitive labour market, businesses are no longer geographically restricted to a smaller pool of candidates they can hire – a key benefit of remote Right to Work checks.

Plenty of progress so far

The CBI secured three extensions to the temporary Covid-19 digital Right to Work checks until 5 April 2022 and lobbied for a permanent digital solution to retain the benefits of conducting Right to Work checks online through several avenues.

Our latest progress include:

  • Writing to the Immigration Compliance and Courts Minister, Chris Philip MP
  • Writing to the Chair of the Home Affairs Select Committee, Yvette Cooper MP
  • Coordinating campaigning through the Home Office’s Employers Advisory Group
  • Lobbying Home Office officials in private meetings
  • Setting out business’ asks in a policy paper that fed into the Home Office’s review of Identity Document Validation Technology (IDVT)

What are the next steps?

Employers can continue to use electronic copies of new hires’ Right to Work documents ahead of their first day of employment in the UK – but must still check validity in the presence of the employee, which can be done via video call.

From 6 April, employers who wish to continue hiring candidates digitally will be required to use an approved service provider.

Businesses should note that this will mean they are expected to pay for the costs IDVT, but employers can still conduct right to work checks in-person, instead.

Check COVID-19 right to work checks for any updates – expected prior to 6 April 2022.

Speak to Yusuf Ali-Hassan for any additional support.