Technology
Are you ready for changes to right to work checks?
MathewAkriggACIPP, policy and research officer at theCIPP talks through the new right towork technology to be aware of, that is coming in from6 April 2022
I n a constantly shifting landscape, hybrid and fully remote working is becoming much more prevalent, and employer support must keep pace with these changes. Employers have been allowed to conduct right to work checks remotely, due to the pandemic, and it seems the Home Office is keen to continue with this. Adjusted right towork checks Adjusted right to work checks, meaning pictures, or scans, of documents could be sent and viewed via video call to verify identity, can now be completed up to and including 30 September 2022. The allowed use of this alternative method has been extended further to allow businesses to continue with post-pandemic practices that work. This extension will allow employers to build relationships with suppliers of a new technology supporting digital identity checks into the future. Identification document validation technology (IDVT) From 6 April 2022, the Home Office will give employers access to use certified IDVT to continue right to work checks remotely. This is the date from which relevant changes to legislation will take effect, but access to these services will be dictated by when developers can provide them. Guidance for identification service providers (IDSPs) has been issued, and companies wishing to provide this service must be certified by the UK Accreditation Service to make sure their software meets government standards. The guidance can be located here: http://ow.ly/ CB5u30sbiyR. This service can be used to check the
Where an expired passport is being used for right to work purposes, the check will need to be completed manually to obtain a statutory excuse. The checks provided by the service will fulfill five main points: ● get evidence of the claimed identity ● check the evidence is genuine or valid ● check the claimed identity has existed over time ● check if the claimed identity is at substantial risk of identity fraud ● check the identity belongs to the person who’s claiming it. Employers are still ultimately responsible for ensuring checks are carried out to obtain a statutory excuse. Use of an identification service provider will only provide a statutory excuse where that provider is certified Each stage is scored, and a level of confidence is given in the individual’s identity. Providers must be able to supply a level of confidence of medium or higher to be accredited for right to work uses. Employers are still ultimately responsible for ensuring checks are carried out to obtain a statutory excuse. Use of an IDSP will only provide a statutory excuse where that provider is certified.
A big area of consideration will centre on cost. The Home Office has confirmed the additional software service will come at an extra cost to the employer. If employers already have systems in place that allow them to accurately determine a candidate’s right to work without any additional cost, why would they pay for a service? This cost must be carefully balanced to allow businesses of all sizes to utilise
it without smaller businesses being disproportionately charged. With the
compromise of temporary verification being completed over video call being scrapped, this may seem like a step backwards for many employers. Biometric identification The ability to perform manual checks on biometric identification is ending on 5 April 2022. After this date, biometric card holders must use the Home Office online service only. Retrospective checks for those checked manually before this date, however, don’t need to be completed. The benefits of using the online tool are: ● it’s secure ● you don’t need to physically handle the documents ● it grants you a statutory excuse. This will limit any occurrences of non- compliance where right to work checks could be completed incorrectly. These adjusted checks continue to allow employers the flexibility to move with the changes to the job market. As an increasing number of workers wish to work remotely, this puts pressure on recruitment processes to maintain the level of compliance in an environment they’re not used to. While the new systems may be more robust and provide more value, IDVTs must prove their value over the adjusted checks that many employers have been using recently. n
following documentation: ● valid British passports ● valid Irish passports ● valid Irish passport cards.
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| Professional in Payroll, Pensions and Reward |
Issue 79 | April 2022
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