Nearly half of businesses unprepared for new right to work check rules

The survey, by IT Services and consulting company Xydus, asked 501 decision-makers in large UK businesses, with 1,000 staff or more, about the incoming rule last month.

Temporary measures to allow employers to conduct right to work checks remotely, introduced during the pandemic, will come to an end on 30 September.

The “adjusted Covid-19” check allowed employers to hire people remotely, using video chats like Zoom. However, this increased the use of fraudulent documents.

The incoming right to work rules will mean that employers must use either a manual check, an online Home Office check or a government-certified identity service provider (IDSP), which would carry out digital checks on behalf of the employer.

If found to be non-compliant with new guidelines, businesses face a hefty fine of £20,000 per worker with incorrect checks or face a criminal conviction.

The survey found that 48% are unprepared for the upcoming policy changes, while 78% did not know they could face prison if they didn’t follow guidelines.

Although 96% of those surveyed were aware of the new rules, 37% thought they would be able to submit photos via email, and 72 per cent believed a driving license could be used, despite the documents never being accepted for proof of right to work.

In-person right to work checks will be unaffected but the report highlighted that businesses conducting time-consuming manual checks will have to allow plenty of time to do so.

Russell King, CEO of Xydus, said: “The list of potential consequences for getting digital Right to Work checks wrong is worrying many UK businesses.

"This research reinforces what we’ve seen and heard for quite some time, that many businesses still have a wide knowledge gap on the details and implications of these major changes in RTW legislation.

“It is not too late, there are easy-to-adopt options for UK employers who now need to introduce digital identity checks."