When Do the Right to Work Checks End?

When Do the Right to Work Checks End?

In February 2022, the guidance on the Coronavirus (COVID 19) right to work checks were adjusted, meaning that they will now remain in place until the 30th September 2022. 

The Home Office also announced that they are introducing new digital right to work checks that have commenced, since the 6th April 2022, using Identification Document Validation Technology, but this technology and new process will only cover valid British passports and valid Irish passports, including passport cards. This approach and extension shows the Government’s understanding of the logistical difficulties that employers would face if they were required to manually check documents at the same time as the Document Validation Technology is launched. 

The guidance updated in February confirms that:

  • There may be more than one provider of Identification Document Validation Technology 
  • If an employer chooses to use Identification Document Validation Technology (IDVT) the extension period can be used to develop commercial relationships with a technology provider to change pre-employment checking processes and to onboard the provider and; 
  • That employers can use the extension period to decide how best to return to manual right to work checks whilst embedding longer their business’ longer term post pandemic working model

 

When using IDVT there is a fee payable, so some employers with tight budgets may choose to return to a fully compliant manual right to work check rather than using IDVT. Manual right to work checks will not be eliminated altogether, unless the scope of IDVT is expanded. It is therefore important for all employers to ensure that there are adequate processes in place to ensure that fully compliant manual right to work checks can be carried out from 1st October 2022. 

How CP Law Associates Can Help You

If you are an employer looking for more guidance on the right to work extension and want advice on how you can carry out your employee checks in a professional and legal manner, then please contact our employment lawyers at CP Law Associates. CP Law Associates provide employment legal advice to businesses and individuals across the UK. We offer a free initial consultation on all legal matters.

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