Employers must ensure that they have a system in place that allows for consistent verification of documents related to the right to work and that does not discriminate unlawfully or apply only to persons of a certain nationality or race. Currently, digital checks using IDPs are only available to holders of valid British or Irish passports or Irish passport cards. Employers must follow the guidelines on digital checks for the right to work in order to be able to invoke a legal excuse in the event of alleged violations. Depending on the person's immigration status at the time of verification, there will be different requirements as to the type of documents that will be reviewed and kept. The law requires employers to carry out checks that comply with right-to-work standards in order to fulfill their obligations.
If employers are unable to show their documents or their immigration status online, they must ask the Home Office to verify the immigration status of an employee or potential employee. As part of a compliance check, scanned or digital copies of the original documents on the right to work must be verified through a live video link with the person. This will provide employers with a legal excuse to employ them. If current employees have limited permission to stay and work, employers should be sure to schedule and perform a follow-up check before their current leave period expires. In cases where the person is unable to submit documentation showing that they are eligible to work in the United Kingdom, employers should ask the Home Office to verify their situation and ask for a positive verification notification confirming that the applicant is entitled to work, and keep it as proof that they have met the requirements. Digital or online checks require employers to verify the relevant document or information online and keep a record of the check. We can help implement effective and compliant systems when it comes to verifying a person's eligibility to work in the UK.
