Home // Insights & Events // Reminder: Rules for Right to Work Checks change from 1 October
The UKVI has published its latest quarterly figures on the number and value of civil penalties issued for illegal working.
With approximately £1.7 million of penalties levied, as well as the naming and shaming of several employers, this comes as a timely reminder of the importance of ensuring your Right to Work processes are in order ahead of yet further changes in October.
In April, UKVI moved towards mandatory digital checks for most foreign nationals who work in the UK. The concessions allowing remote checks introduced because of lockdowns were given a final extension to the end of September for British and Irish nationals.
From 1 October onwards, employers will either need to conduct checks for British and Irish nationals by seeing the original documents or if they wish to implement a remote method, make use of a certified Identity Document Service Provider (IDSP).
Regardless of whether you choose to go down the route of engaging with an IDSP, it is likely you will need to update your current processes to reflect the ending of covid concession for checks.
So, what steps should you take?
• Review existing policies and processes: What do your current processes look like? What needs to change? Who is responsible for this?
• Update communications: The information provided to both those undertaking the checks and those being checked is likely to need changing to provide clarity and reduce the need for repeat checks.
• Training: Those undertaking the checks will need to be familiar with the new rules and how to make sure they do the right type of check.
• Centralisation: Analyse the potential to implement efficiencies and cost savings by centralising processes – can these be undertaken by a single back-office function?
In our experience, employers fall foul of the rules through a breakdown in processes or individual error, particularly where there has been a change in requirements. By following the steps outlined above, your organisation will be well placed to avoid the financial and reputation challenges that can result from getting things wrong.
This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. Greenwoods Legal LLP is a Limited Liability Partnership, registered in England, registered number OC306912. Our registered office is Queens House, 55-56 Lincoln’s Inn Fields, London, WC2A 3LJ. A list of the members’ names is available for inspection at our offices in Peterborough, Cambridge and London. Authorised and regulated by the Solicitors Regulation Authority, SRA number 401162. Details of the Solicitors’ Codes of Conduct can be found at www.sra.org.uk. All instructions accepted by Greenwoods Legal LLP are subject to our current Terms of Business. VAT Reg No: 161 9287 89.
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