What is Right to Work?

Top 5 takeaways from Screen Time with Kerry and Kelly featuring guest speaker John Mathews from Yoti on "What is Right to Work?

In the United Kingdom, the legal requirement for employers to ensure that their employees have the right to work in the country is a critical aspect of recruitment and compliance. This was discussed in our most recent webinar in October Right-to-work.

"We couldn't ask for a better turnaround time when we've got queries or when our candidates have got queries as well. And it's a swift solution as well. So, it's not just the response time, but the solution provision is really good"

Here are the top five takeaways:

1. Understanding Right-to-Work (RTW) and Eligibility-to-Work (ETW):

The Right-to-work process means an individual possesses the necessary documentation to support their ability to work in the United Kingdom. On the other hand, Eligibility-to-work confirms that an individual has the correct documentation to work either with or without restrictions in the UK. This distinction is crucial in ensuring compliance with employment laws.

As an employer, you are responsible for checking the right-to-work status of your employees. This can be done through various methods:

Manual verification: where the employer physically examines the original documents.

Online check: required for individuals with digital proof of their immigration status, such as e-Visa holders, particularly applicable to many EU citizens under the points-based system.

Digital check: an option for British and Irish passport holders.

3. Updates as of 19/10/2023​

- Removing the requirement for employers to verify a digital Certificate of Application (CoA)with the Home Office Employer Checking Service (ECS) when conducting a right-to-work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. ​

- Removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members as no longer in use.

Employers must verify their employees' right-to-work status through manual checks, online verification, or digital checks, specifically for British and Irish passport holders. This can be accomplished by reviewing various documents, such as passports, full UK birth certificates, Certificate of Naturalisation, visas, and Home Office Share codes. Employers are responsible for ensuring the authenticity of these documents, and for non-UK/Irish passport holders, in-person verification is required.

Historically, right-to-work verification required in-person checks. However, during the COVID-19 pandemic, adjustments were made to allow for digital verification. These adjustments, introduced on March 30, 2020, and ended on September 30, 2022, aimed to streamline the process and reduce administrative burdens. In April 2022, the government launched the Digital Right to Work scheme, allowing for digital verification when partnering with an approved IDSP (Identity Service Provider) supplier. IDSP is designed to ensure consistency and meet requirements, making the process more efficient, particularly for organizations with high-volume hiring needs.

In an effort to deter the employment of illegal immigrants, the Home Office announced significant increases in civil penalties. For first breaches, fines will rise to up to £45,000 per illegal worker, a substantial increase from the previous £15,000. Repeat breaches will result in fines of up to £60,000, up from £20,000. For landlords, penalties will also increase significantly, from £80 per lodger and £1,000 per occupier for a first breach to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches will be subject to fines of up to £10,000 per lodger and £20,000 per occupier.

The webinar provided valuable information and insights into the complex landscape of right-to-work regulations in the UK. Stay informed about these changes, as they can have significant implications for both employers and employees. The role of technology, as discussed in the webinar, is instrumental in streamlining the process and enhancing the candidate's experience in the right-to-work verification process.

For further insights and discussions on candidate experiences within the background screening sector, don't miss Episode 3 of this informative series, on November 30th at 12:30. This episode sheds light on how technology is shaping the landscape of employment background checks and candidate experiences.