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Why are UK businesses worried about returning to physical Right to Work Checks?

ByDave Stopher

May 10, 2021

Right to Work checks are an essential responsibility of any organisation that recruits within the UK. Right to work checks are vital in fighting illegal working practices in the country.

One thing that many employers have found over the pandemic is that Right to Work (RTW) checks have become much easier. Having the option to confirm someone’s identity by digital means has helped streamline recruitment practice and, in some cases, help businesses become more agile.

Any employer or hiring manager in the UK should be familiar with Right to Work (RTW) checks. In basic terms, a RTW check is when an employer or hiring manager verifies someone is legally entitled to work in the UK by looking at their available ID documents.  

These checks are often regarded as a tick box exercise, but they are one of the key measures in place to prevent illegal migration. People migrating illegally for work are often exploited and made to work in illegal conditions. Research conducted by the government also goes to show that these types of working practice also affect the income potential of people working legally, as well as contributing negatively to public funds through tax evasion.  

At the start of the pandemic, the UK Government decided to amend some of the existing rules around RTW checks to make it easier for employers to recruit during lockdown. It’s fair to say that most employers who have recruited over the past have found the new rules have made their recruitment a lot more streamlined.  

The Current Situation 

The current rules, as detailed on the .gov website, state that now and up until the 16th of May 2021, the following applies to RTW checks: 

  • checks can currently be carried out over video calls 
  • job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals 
  • employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents 

As the world of work has predominately moved to remote and hybrid methods of work, these amendments have been a boon for employers. No more worrying about having to see evidence of original documents in person has in most cases made life easier, in the more extreme cases, it has revolutionised how organisations do business. If you’re not quite sold on the idea of recruiting remotely, you can also implement background checks to ensure that the applicant you’re engaging is who they say they are.

Benefits of a Remote Workforce 

Location restrictions have previously meant that talented candidates tend to gravitate towards certain centres such as London, Birmingham or Manchester. While this may be the case, it also means that job seekers unwilling to relocate aren’t available to employers. They could be the best people for the job, but existing responsibilities may keep them in one area. With distance no longer a concern for hiring managers, the talent pool employers have access to has grown exponentially.  

On top of this, job seekers are also now considering remote or hybrid work options as a major contributor when deciding where to work. Being able to implement these elements into your organisations working model may have been out of the question as little as a year ago. With the events of the pandemic, employers have had to adapt and, in many cases, found the flexibility is beneficial for the wellbeing and productivity of their workforce. Being able to carry out remote RTW checks has been a big help to organisations adopting this way of work. 

Unwanted Changes 

Just as employers are starting to adjust to the new world of work and its benefits, it looks like things are set to go back to how they were. From the 17th of May, the previous rules surrounding RTW checks will be back in effect. This means that from that date, employers will need to arrange in-person meetings to confirm an individual’s RTW in the UK. 

The biggest concern that most employers have is the timescales given to start resuming these checks. Considering the furlough scheme has been extended until September, many organisations have planned accordingly. Most had not considered a full return to the office until at least June. Considering the huge logistical task of moving everyone to remote working, it is understandable why employers are concerned about the lack of notice. Having between 4-5 weeks to adjust processes back to where they were pre-pandemic is no easy task.  

Lobbying groups are appealing to the government to do more to embrace digital methods of ID verification for RTW checks. Despite being one of the leading nations in Europe, our digital infrastructure is lacking far behind many of our neighbours. Returning to, what some consider, an outdated way to check RTW is going to do nothing to help advance the UK’s plans to become a leading nation in the digital age.