Right to Work Checks: Using an Identity Service Provider 

As a result of the pandemic, many workforces now work remotely.

Businesses have recognised that one of the great advantages of offering remote working is its attractiveness to high calibre job candidates who will not be required to commute to work and who can, effectively, work from anywhere in the country without needing to uproot their lives.

The downside is that it’s often more arduous to carry out right to work checks on candidates who live a fair distance from the office (if indeed there is an office!), particularly if the HR function is also home-based.

For a time, businesses could take advantage of the temporary Covid-19 concession, which permitted remote checks to be undertaken on copy documents. However, since 1 October 2021, remote checks are no longer allowed and, instead, we’re back to the need to carry out a manual check of the original document.

So, what’s the alternative solution? Checks via an Identity Service Provider!

Since 6 April 2022, businesses have been able to use certified Identity Service Provider’s (IDSP) to verify whether a candidate’s ID document is valid, thereby removing the need to see the original document itself.

Sounds great, right? Well, it certainly has its pros but, with that, comes a handful of cons too.

How does it work?

IDSPs use new technology called Identity Document Validation Technology (IDVT) to conduct the digital identity verification element of right to work checks.

A downside is that it can only be used in relation to British and Irish citizens who have valid (i.e. unexpired) passports / passport cards. If the candidate’s passport / passport card has expired, then you will need to carry out a manual check. Remember – you shouldn’t treat a candidate less favourably on the basis that you can’t use an IDSP to check their identity.

The candidate is invited to upload an image of themselves and a copy of their passport / passport card onto the IDSP’s system. The IDVT will then check that the uploaded document is valid, authentic, and belongs to the candidate. You would then receive a report from the IDSP.

What’s the cost?

You will be charged a fee by the IDSP for carrying out the check – another downside.

The fee varies from IDSP to IDSP; some offer a pay as you go service (which might suit you if you have a small organisation or a relatively small turnover of staff) whereas others provide packages covering bulk checks (which might suit larger organisations or those with a high turnover).

One example that we’ve seen is £180 (plus a £150 set up fee) for 100 checks and then £1.80 for additional ‘one off’ checks.

Carrying out a right to work check using an IDSP

1. Consider whether the candidate has a valid British or Irish passport / passport card. If not, you will not be able to carry out the check using an IDSP.
2. Choose an IDSP: You must only use an IDSP that is certified to carry out right to work checks; you can find a list of certified IDSPs here. The IDSP that you choose must have at least a Medium Level of Confidence (as recommended by the Home Office).
3. Carefully check the report: It’s crucial that you check that the photograph of, and details about, the candidate are consistent with the individual who is presenting themselves for work for you. If any of the details are wrong and you are concerned that the individual is an imposter, you must not employ them. It’s important to remember that you, as the employer, ultimately has responsibility for ensuring that the check undertaken by the IDSP is compliant and that the result of the check is accurate. The business will only obtain a statutory excuse against liability for a civil penalty (if an individual is later found to be working for you illegally) if you reasonably believe that the IDSP check has been carried out correctly and in accordance with the Home Office guidance, and the information contained in the IDSPs report is consistent with the candidate presenting themselves for work.
4. Retain a copy of the report: You must keep a clear copy of the report for the duration of the individual’s employment and for two years after their employment has ended.

Further steps that you should take

In addition to carefully reviewing the IDSP’s report, it’s vital that, on the first day of employment, you check that the person who has turned up to work for you is the individual who you carried out the check on. This is to avoid inadvertently allowing an imposter to work for you which, in a remote working world, isn’t difficult to conceive. This check can be done via a video call or in person when the individual attends work. Another downside, perhaps, but an important step, nonetheless.

Further, whilst not mandatory, we suggest that you should make sure that relevant members of staff are trained and receive guidance about IDSP right to work checks and, in particular, what information they must obtain from an IDSP to confirm verification of identity and the further steps required to confirm the right to work. This is recommended by the Home Office.

If you would like more information about carrying out right to work checks or about anything business immigration related, please do contact Emma Cousins, Senior Associate on 01904 437 686 or at emma.cousins@torquelaw.co.uk.