IDVT and Right to Work checks - the clear distinction

‍Last year the introduction of IDVT, in relation to Right to Work checks, sent many organisations into a spin.

How should employers respond to this development and specifically remain compliant, in the wake of a succession of Home Office legislation updates (9 updates since Jan 2022)? 

HR/Recruitment professionals have scrambled to the Government list of ‘Approved IDSPs’ to find an 'IDVT solution'. However, it is a case of buyer beware - not all IDSPs have the same offering & focus! 

IDVT has several potential use cases (KYC, AML, age verification, etc.) and there is a clear distinction between IDVT and the conducting of compliant Right to Work checks to deliver a 'statutory excuse' and avoid any potential civil penalties. In this article, we will set out this distinction, focussing on the need for employers to conduct Right to Work checks as efficiently as possible and stay compliant. 

‍

What is IDVT? 

Identity Document Validation Technology (IDVT) is now being acknowledged by the Home Office as beneficial for businesses to conduct digital Right to Work checks. IDVT encompasses several new digital technologies - cloud, mobile, AI (artificial intelligence), and ML (machine learning) that are becoming commonplace as means to digitise and automate those processes that have traditionally been undertaken manually. 

Hence IDVT can be regarded as a technology enabler; from it's inception Rightcheck has been at the forefront of embracing and deploying this technology to support the undertaking of Right to Work checks efficiently, digitally and consistently.

‍For more information on IDVT please refer to our earlier blog articles:

‍IDVT and Right to Work checks - what is it and what does it mean for recruiters? 

‍Conducting Right to Work checks - 2023 

‍

‍What are Right to Work checks? 

It is a necessity for employers to conduct Right to Work checks to ensure candidates are legally entitled to work in the UK. This check is required by law for all employers, and failure to carry out the check correctly (in accordance with Home Office guidance) can result in serious consequences.

Right to work checks - an employer’s guide‍‍

Home Office guidance explains employers must ensure (without exception):

- Checks are conducted before the commencement of employment.

- Checks are not undertaken by a third-party supplier (including recruitment agencies).

- Checks follow a prescribed process, whether undertaken remotely or face to face.

- Checks are retained for inspection 2 years post-employment. 

- Re-checks are undertaken in the case of any expiring documents.

- Checks are stored securely in accordance with UK GDPR. 

Critically, it is also important HR managers understand the particular circumstances when a remote check is an acceptable approach - noting the temporary COVID measures that enabled checks in all circumstances to be conducted via video ended on 30th September 2022.  

‍

‍Conclusion

IDVT has a role play in undertaking compliant Right to Work checks, however it is not the whole ballgame and it's relevance needs to be clearly understood.

When selecting an IDSP we urge you to consider your primary need; compliance with Right to Work legislation across your entire recruitment activity and a securing a ‘Statutory Excuse’ for the organisation. Yes look for a solution that embraces IDVT, but also seek a complete end-to-end Right to Work compliance solution.

Rightcheck is a SaaS based digital platform used by hundreds of UK organisations of all sectors/sizes. The solution ensures ALL aspects of compliance are addressed when conducting Right to Work checks: Efficiently handled under one roof at a relevant stage in your recruitment process; whether remote IDVT checks (with the addition of a day 1 imposter check), or physical in-person checks. This is delivered via a simple to use mobile app-based solution.

‍If you have any queries concerning the issues raised in this article, or would like a demo of our platform - please contact sales@rightcheck.io

‍