Digital Right to Work (DRTW) Checks
Commencing the 1st of October, the government will expect that right to work checks are carried out digitally. What this means is that the only way to establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question is by using a Certified Digital Identity Service Provider (IDSPs)
The Home Office has said: “Whilst it will not be mandatory for employers…to use a certified IDSP for the purposes of right to work…checks, the Home Office recommends employers… use a certified IDSP.”
List of Certified Digital Identity Service Providers (IDSPs)
Umbrella Check has spoken to several IDSPs and it appears that some of the established providers that aren’t on the list are actively going through the audit process to become certified. If you already use an IDSP that doesn’t appear on the list, you should check that they are at least going through the certification process.
Right to work an Employers’ guide
Employing an illegal worker – Penalties
If you are caught employing an illegal worker, you will receive a ‘referral notice to let you know that:
- your case is being considered
- you may have to pay a fine of up to £20,000 (also known as a civil penalty) for each illegal worker
- However, you will not have to pay a fine if you can show you made the correct right to work checks.
Using a Certified Digital Identity Service Provider (IDSP) will establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question.
If you have questions about IDSPs or any other compliance issues, contact us.