October is here. Which means the new Right to Work changes are, too.
Under the new regulations, all employees along with gig-economy workers, subcontractors, and more must have a valid right to work in the UK. Without the correct checks, your business could be fined up to £60,000.
So, here’s one last quick look at the changes. For a more comprehensive breakdown, check out the blog written by our sister company, TrustID.
Key summary of the changes:
- Expansion of the Right to Work scheme: Previously, only direct employees needed checks. Now, the definition of ‘Employer’ has been expanded bringing workers, online matching services, subcontractors, and agency workers into scope.
- Extended liability: If checks haven’t been completed and no direct employer can be found, liability can travel along the chain of contracts to identify the next responsible party. This party could then face penalties issued by the Home Office.
- Digital route updates: To gain a statutory excuse using the digital route, you must use a Right to Work Digital Verification Service Provider who is registered on the Office for Digital Identities and Attributes. If you submit a check through a third-party site, they must state which DVSP they will be using to complete your check. For example: at uCheck, we use TrustID to complete our Right to Work checks.
- Penalties: Penalties haven’t changed, but it’s always worth reiterating. First time non-compliance can cost you £45,000 per illegal worker. Repeat offences rise to £60,000. If you knowingly have hired someone without a right to work in the UK, you could face unlimited penalties and even up to five years in prison.
- Storage: You must be able to record and store your Right to Work check information for the entire duration of a worker’s employment, plus two additional years.
Support from uCheck
At the end of the day, Right to Work checks are a legal responsibility. And we’re here to make compliance quick and easy. Simply get in touch with our team on 0330 113 33 33, or start your checks today on our website.
