How we recruit changed dramatically with the introduction of online recruitment during COVID and in October 2022 the Governments Digital ID scheme will come into full force. This facilitates remote recruitment for UK and Irish citizens with valid passports utilising an identity service provider (IDSP).

Here’s a high level summary on what it takes to remain compliant and still obtain a Statutory Excuse.

• Companies will need to see candidates face-to-face or virtually to ensure they tie back to the identification documents. This equally applies to the UK and Irish Digital ID process as well as Government e-visa programs.
• If workers are recruited face to face businesses need to know when to use physical documents vs. internet or cloud-based versions. Please see here for the latest guidance.
• For UK and Irish citizens ID where their passport has expired or they present birth certificates and National Insurance numbers it will require employers to see the original documents in the presence of the holder.
• TUPE transfers require Right to Work checks to be complete within 60 days of transfer. Employers should undertake “fresh” checks for TUPE transfers where there is insufficient evidence that the original checks took place.
• New European workers will need either a share-code or alternative documentation as per the guidance. E.g. if you employed them before the 1st July 2021 using a Passport or ID card this is acceptable. (i.e. list A acceptable documents establish a continuous Statutory Excuse for Right to Work). These do not require retrospective checks to be undertaken.

Ensuring ongoing compliance with the upcoming guidance changes – Digital ID

It’s important to familiarise yourself with the correct guidance at the time of employment as the penalties can be very high for incorrectly onboarding employees if they were found to be illegal. To ensure peace of mind also work with a reputable company that has experience within Right to Work.

With any major changes to the Right to Work guidance like Digital ID it’s vital you know its impact. Get in touch to find out how we can help with Digital ID or our complimentary technological solution uAuthenticate for your existing Right to Work process

This article does not constitute legal advice. For legal advice on immigration or employment law please consult a legal professional.

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Digital ID has recently become a “buzz word” banded about as a panacea for all things to do with onboarding checks for new and existing staff.

But, what is Digital ID?

• Digital ID is the government’s new method for applicants to validate their identity remotely.
• Our solution uIDentify works for all valid UK and Irish passports and passport cards.
• It can be used to validate these ID documents for DBS checks, Disclosure Scotland checks and Right to Work checks.
• When an applicant uses our digital ID solution to successfully verify themselves it removes the need to check identification documents face-to-face.

If you still see your candidates face-to-face then this is not for you. However we may be able to help you with our product uAuthenticate which will ensure your recruiting team correctly follow the Home Office guidance process and eliminate the risk of illegal workers.

Here’s a summary of the benefits of using our technology

• Allows for the recruitment of UK and Irish candidates remotely.
• Provides you assurance that the candidates documents presented are authentic.
• Reduces the risk of illegal workers.
• Increases your company’s compliance processes
• Gives you a central oversight of your onboarding process

As well as Digital ID, our solutions help with your recruitment onboarding processes. uOnboard :

• Creates one process for your candidates journey of employment starting with the right to work process
• Lets you see documents uploaded in real time
• Removes the need for paper as it’s totally digital and helps ensure greater GDPR compliance.
• Stores all your documents centrally, securely encrypted in the cloud for easy retrieval and management.
• Ensures your recruiting managers have everything in place before you incur additional costs e.g. DBS checks, HR enrolment etc.
• Enables you to issue a contract of employment before the employee starts

Get in contact with us to find our how we can help with not just the Digital ID but with your end-to-end onboarding process.

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