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Right to Work checks are changing – how can businesses comply?

Colum Lyons, CEO and Founder - ID-Pal

UK businesses are being encouraged* to partner with GDPR compliant Identify Service Providers (IDSPs) to help them fully comply with Right to Work (RTW) legislation digitally.

From October 1st, the Home Office has announced firms will be able to use Identification Document Validation Technology (IDVT) to onboard new employees with a valid British or Irish passport or an Irish Passport card. This will remove the need for time-consuming manual checks, improving efficiency for all parties without compromising on regulatory compliance. It will also reduce operational costs while protecting a business from the risk of identity fraud and data breaches.

For any recruitment professional or business owner, it is key to question a potential IDSP on how they ensure robust GDPR compliance of this data at all times.

Colum Lyons, CEO and founder of ID-Pal, comments: “Right to Work checks regularly involve the sharing of sensitive personal data, and the employer will likely face severe consequences if compliance standards are not met.

“Integrating a fully digital RTW checking process with an IDSP not only improves team efficiency and allows for candidate onboarding to occur at any stage, but it also ensures GDPR compliance in a way that just can’t be matched with manual checks.

“We urge all UK employers to seek compliant IDSPs to securely carry out Right to Work checks. October 1st is fast approaching, and those firms left unprepared are more vulnerable to missing out on the cost efficiencies and time-saving advantages that an IDSP can give you.”

As such, ID-Pal has provided the following tips to help companies remain compliant in their digital RTW practices:

1. Update your current RTW policy
Employers in the UK have a legal responsibility to check a potential employee’s right to work before offering them a job. Checks are carried out to prevent businesses from employing an illegal worker in the UK, and if employers fail to observe these rules, or if their policy is non-compliant, they can face severe penalties.

All firms must therefore ensure that their existing RTW policy is updated in line with the new changes being introduced by October 1st.

2. Find the right IDSP
It is highly recommended that businesses choosing a RTW checking technology select the IDSPs that can improve the security and compliance of all RTW checks digitally. Although using an IDSP is not mandatory, it is advised by the Home Office as it will ensure that all scheme guidance and standards laid out in the trust framework are met. It will also provide a statutory excuse, that is, a valid reason that the employer can use as a defence against a civil penalty, in the event of hiring illegal workers.

Partnering with an IDSP can help employers verify an individual’s identity remotely and prove their right to work in the UK. The process assists the employer in meeting their RTW compliance obligations, allowing a secure and streamlined candidate onboarding process.

As an IDSP, ID-Pal has the necessary technologies in place to deliver robust identity verification assessments required for compliant RTW checks. Its ISO 27001 certified and GDPR compliant solution performs multi-layered checks in real-time that include document verification, facial matching, and liveness testing, alongside an address verification feature that checks a potential candidate’s identity against existing local bureaus and registers. The solution also provides a fully branded candidate onboarding app in line with businesses corporate branding thus making the experience seamless.

*ID-Pal

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