Great Britain: the ‘right to work check’ is updated

On 01 October the UK’s new system of mandatory work permit checks to be undertaken by employers came into force. The new system means that employers can no longer simply resort to what was a temporary provision allowing them to make a video call alongside an e-mail when checking employee work permit documentation. Aware of the success of this temporary measure, which had been adopted in March 2020 following the Covid-19 pandemic, the government’s new scheme has nonetheless retained the possibility of acting remotely. Thus, it provides that companies can conduct their ‘right to work check’ in three ways namely via face-to-face interviews with workers, as before the pandemic, or via an online Home Office form for foreigners with a biometric residence permit upon presentation of a visa or a ‘frontier worker permit’, or thirdly ,in the case of British and Irish workers via Identity Service Providers (IDSPs), State certified organisations, which will carry out this check remotely. Despite having three options, some companies have expressed concern and according to a study conducted by Xydus (an IDSP), almost 50% of employers are ill-prepared for the change. However, employers who fail to properly carry out these checks can be sentenced for illegal work with a prison sentence and/or fine of up to £20,000 (€22,916.90), experts warned.