Digital Right to Work overhaul could land non-compliant employers in jail

On October 1st, crucial changes to the UK’s Right to Work legislation will become law. Xydus, one of only a handful of government-certified digital identity providers (IDSPs), urges British businesses to act now to ensure compliance and avoid potentially substantial repercussions. The legislation promotes the move to digital Right To Work checks for UK and foreign workers. Failure to prepare and implement the required changes could see employers face fines, lose the right to hire foreign workers and for repeat offenders even face the prospect of jail time.

The journey to digital RTW

Prior to the pandemic, the majority of Right to Work checks were conducted in person as required under Home Office rules. Prospective employees showed documents providing evidence of their right to work to employers who stored a copy.

During the pandemic, temporary adjustments were made to these requirements in order for remote work to be facilitated, and help businesses continue to hire in lockdown. For the first time ever, in-person checks were permitted to be carried out over video calls, and job applicants were able to send a photo of their documents to employers via email.

Whilst temporary rules were successful, it increased the potential for bad actors to take advantage of circumstances and unfamiliar procedures. Therefore, to mitigate this risk but retain the benefits of a digital solution the government has...

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