'Right to work check' changes 2022

Employers must carry out right to work checks on all appointees to ensure they are allowed to work lawfully in the UK before they employ them. Employers who fail to do so face potential fines and, in some cases, criminal liability.

On 30 March 2020, the government introduced temporary adjustments to right to work checks as part of the response to COVID-19. These changes ended on 30 September 2022.

From 1 October 2022, employers must carry out one of the prescribed checks before employment commences:

• A manual right to work check - the employer must meet the individual face to face and physically check the individual’s right to work documents to ensure that the documents are original and belong to the individual.

• A Home Office online right to work check (effective as of 6 April 2022) - employers are required to conduct online checks for all visa-holders with a biometric residence permit (BRP), biometric residence card (BRC), or a frontier worker permit (FWP). Employers can no longer carry out manual right to work checks for these individuals.

• A right to work check using identification document validation technology (IDVT) through the services of an identity service provider (IDSP) (effective as of 6 April 2022) - employers can use IDVT through an IDSP to carry out digital checks for British and Irish citizens who hold a valid passport (including Irish passport cards) to remotely verify their identity and prove their eligibility to work. This is an alternative option to manual checks. If employers opt to outsource right to work checks to a certified IDSP, the employers will still retain liability for illegal working penalties. IDSPs will charge a fee for their services.

The Home Office has stated that the original document checks will not be required to be redone retrospectively for British and Irish nationals and other eligible individuals who had a Covid-19 adjusted right to work check between 30 March 2020 and 30 September 2022 (inclusive). Employers will have a statutory defence against civil penalties and fines if they have conducted a right to work check and retained evidence correctly under the rules in force at the time the check was carried out.

If you would like to know more about the changes to ‘right to work’ checks, please contact Kirsty Henderson, one of our HR Advisors.

First published 18 August 2021
Last Updated 10 October 2022

10 October 2022
On 30 March 2020 the government introduced temporary adjustments to right to work checks as part of the response to COVID-19. These changes ended on 30 September 2022.

From 1 October 2022 employers must carry out one of the prescribed checks before employment commences:

• A manual right to work check - the employer must meet the individual face to face and physically check the individual’s right to work documents to ensure that the documents are original and belong to the individual.

• A Home Office online right to work check (effective as of 6 April 2022) - employers are required to conduct online checks for all visa-holders with a biometric residence permit (BRP), biometric residence card (BRC), or a frontier worker permit (FWP). Employers are no longer able to carry out manual right to work checks for these individuals.

• A right to work check using identification document validation technology (IDVT) through the services of an identity service provider (IDSP) (effective as of 6 April 2022) - employers can use IDVT through an IDSP to carry out digital checks for British and Irish citizens who hold a valid passport (including Irish passport cards) to remotely verify their identity and prove their eligibility to work. This is an alternative option to manual checks. If employers opt to outsource right to work checks to a certified IDSP, the employers will still retain liability for illegal working penalties. IDSPs will charge a fee for their services.

The Home Office has stated that the original document checks will not be required to be redone retrospectively for British and Irish nationals and other eligible individuals who had a Covid-19 adjusted right to work check between 30 March 2020 and 30 September 2022 (inclusive).  Employers will have a statutory defence against civil penalties and fines if they have conducted a right to work check and retained evidence correctly under the rules in force at the time the check was carried out.

7 April 2022

27 August 2021
The temporary adjustments to the right to work checks, in place since 30 March 2020 remain in place until 5 April 2022. 

18 August 2021
First published.

Find out more about Kirsty Henderson