Right to work checks – what employers need to do now

Sometimes even enforced changes have a positive impact. TrustID CEO, Tony Machin, explores the impact of Covid-adjusted Right to Work checks on a post-Covid world.

In March 2020, just about everything changed. People were instructed – where possible – to work from home and there were restrictions on who could meet, where. Naturally, the pandemic had a major impact on employers. It radically changed how many of us work, and a great many future digital transformation plans were suddenly brought forward. This included recruitment processes. HR teams had to recruit both remote workers and people whose jobs meant they had to be physically present such as retail, delivery and hospital workers – all while working remotely themselves.

At the time, the Home Office was quick to provide temporary guidance that allowed Right to Work (RtW) identity checks to be conducted remotely by digital means including email and video.

Fast forward two years and rather than revert to how it was before, the Home Office’s digital Scheme has become a permanent option. Although initially designed to be temporary, some of the Covid-adjustments have proved their value and won favour among employers, recruiters and employees. Now, from April 6th, 2022, employers and recruiters can choose to introduce digital RtW identity checks for UK & Irish citizens through the new digital Scheme.

What do employers need to do now?

There is a transition period between 6th April and 30th September for employers to make sure they have the right processes in place to conduct fully compliant RtW checks when the temporary Covid-adjusted checks come to an end on 1st October 2022.

During this time, employers need to choose whether to:

  • introduce digital checks for eligible applicants (the digital Scheme is optional for UK/Irish in-date passport holders)
  • return to seeing physical documents
  • use a combination of the two.

Of course, any choice will depend on the employer’s recruitment processes and the applicants’ demographics – especially for remote workers.

What will this mean for employers and HR teams?

These changes do mean that from 1st October, employers will no longer be able to make RtW checks on copies of documents or over video. So many will see this digital option as a positive move to ensure compliance and remove risk. At a time when HR teams are likely to experience greater pressure in terms of the required volume and speed of recruitment, it will come as a relief to know that there is proven technology to alleviate that pressure.

Alleviating volume and speed pressure with trusted technology

According to research from Randstad[1], the private sector is likely to see a staggering 60 per cent increase in vacancies. Tracking and managing large numbers of potential employees will obviously bring challenges and employers who can support or replace manual processes with technology will benefit from additional layers of security and reduced admin. Randstad themselves, who are customers of identity verification business TrustID, benefit from the mix of technology and human expertise which gives their compliance team the confidence that they are making consistent checks on every document.

Speed is of the essence for many onboarding teams, particularly in fast moving environments, such as hospitality, for example. It can be frighteningly easy to lose out on the right talent. If a Head Chef hires a Chef late on a Friday and wants them to start training on Saturday, waiting until Monday to clarify their Right to Work status isn’t an option.

For one fast-growing restaurant company, Eataly, the availability of the right technology at the right time meant it could securely hire the right talent to open the London marketplaces in its superfast timeframe. TrustID gave Eataly the reassurance that its recruitment processes were correct, current and compliant and could be easily checked and reported on. It was about more than technology for the Italian retailer. With the TrustID service they use, a trained expert also looks at every application and double-checks it. That really was a ‘no-brainer’ for Eataly’s talent acquisition partner: clever technology and backed up by a human being.

Accredited delivery partners ensure volume, pace and security

As part of the digital Scheme, businesses can alleviate both speed and volume pressures and ramp up recruitment by partnering with an Identity Service Provider (IDSP) to perform RtW checks at both scale and speed. In turn, the IDSP will need to meet an agreed minimum level of confidence to perform the digital RtW identity checks.

The Home Office is recommending – not mandating – that employers use certified IDSPs and the Department for Digital, Culture, Media and Sport (DCMS) is establishing a certification process to ensure that IDSPs demonstrate that their technology is robust and compliant.

Using an IDSP will provide employers with another layer of security and confidence around their RtW check processes. While the DCMS finalises certification, adopting digital verification through an established IDSP will enable employers to keep ahead of the curve and implement processes to benefit from the new arrangements ahead of time.

[1] https://www.randstad.co.uk/about-us/announcements/uk-labour-shortage

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