Right to Work Checks – How to Guidance

Rights to Work Checks – How to Guidance

The sections below provide guidance on ‘Completing Right to Work Checks’ (RTW) from 1st October 2022.

From 1st October 2022 Covid-19 adjusted RTW checks[1], which allowed a check to be undertaken remotely, will no longer be permissible and the prescribed ways to check a RTW are now:

  1. Manual Check
    A manual right to work check of the individual’s original documentation. (Predominantly relevant to British/Irish citizens)
  2. Online Check
    An online right to work check using the Home Office Online Right to work Checking Service for individuals with a ‘Home Office Digital Profile’.

The type of check an employer is required to conduct depends on the immigration status of the applicant.

Right to work checks must be applied equally to all employees/workers to ensure that we remain compliant with our duty to prevent illegal working and at the same time avoid unlawful discrimination.

[1] The Government confirmed that retrospective (‘prescribed’) checks are not required on covid-19 adjusted checks provided the check was completed in the prescribed manner as set out in the COVID-19 adjusted checks guidance.