The adjustments to legal right to work (“LRTW”) checks introduced on 30 March 2020 as part of the response to coronavirus (COVID-19), end on 30 September 2022.
From 1 October 2022, employers must carry out one of the prescribed checks before employment commences, as set out in Home Office policy guidance.
These checks are:
- a manual right to work check
- a right to work check using IDVT through the services of an identity service provider (IDSP)
- a Home Office online right to work check
Conducting any of these checks will provide employers with a statutory excuse which is a defence against a civil penalty.
Employers are longer able to conduct video or remote checks of worker’s permission but will be required to conduct such checks in person. This applies to everyone who is unable to generate a share code as evidence of their online status.
Please note that “a right to work check using IDVT through the services of an identity service provider (IDSP)” is a new option being introduced as an alternative to face-to-face checks and applies to all new hires of British and Irish nationals from 1 October 2022.
There will be no retrospective checks requirement imposed on employers.
Magrath Sheldrick LLP is introducing a new service to all our clients in line with the changes and are delighted to announce we are now authorised to conduct checks on your behalf. Please contact your Magrath Sheldrick representative or email us at [email protected] for further information.