The Home Office announcement that it will stop digital right-to-work checks from 17 May has been met with criticism by industry bodies, who urge the government to wait until after pandemic restrictions have been fully eased.

From Monday 17 May, currently applicable ‘digital’ right-to-work checks, introduced to help stop the spread of Coronavirus, will stop, meaning umbrella companies and other employers will no longer be able to accept a new worker’s scanned copy or a photo of original documents.

May Tania Bowers, Legal Counsel and Head of Public Policy at The Association of Professional Staffing Companies (APSCo), commented that she found the decision disappointing, as she was hoping the government would instead expand the use of digital checks. She said:

“The COVID remote video checks… have worked well over the last year. We hoped that the Home Office would prioritise the expansion of digital checks, currently only available for checking EU settlement, a process more suitable for the modern world of flexible work. There has been a huge amount of time and effort that has gone into adapting the Right to Work verification processes in a remote environment and to return to pre-pandemic systems that do not retain the flexibility that is needed in a hybrid working environment will not help organisations during this recovery period.”

Bowers continued:

“The short deadline for the return to these in-person checks is also a concern for APSCo and its members as, to date, businesses are expecting the ‘work from home if you can’ advice to remain in place into June. In light of this, most organisations are planning a wider return to the office from June onwards in line with government timeframes to further relax restrictions. To introduce these face-to-face/original document verification checks when people are still working remotely and offices are not open is simply unworkable and will only add further unnecessary burdens on already struggling businesses. We will be addressing these concerns with the Home Office directly.”

A delay in the changes is not sufficient for the Recruitment and Employment Confederation, however, which has expressed its concerns about the change in a letter to MP Priti Patel, the Secretary of State for the Home Department. Author, Deputy CEO Kate Shoesmith, stated:

“The digital checks have hugely benefitted us all - ensuring UK business and our workforces can operate as effectively as possible and respond to spikes in demand during the pandemic. However, removing the ability to perform these checks digitally, whilst the nation remains under some level of lockdown does not make sense and is an avoidable barrier which could stop some of the services we all rely on - in health, care, retail, food and logistics for instance, from being provided. Requiring a physical check to take place whilst there are still restrictions on gatherings seems at odds with the government's ongoing advice to work from home where possible.”

The letter continued:

“We go beyond suggesting a delay and would ask for a permanent review of right to work checks to reflect the learnings of the pandemic. We foresee many changes in work patterns with flexible and hybrid working - and right to work checks should also evolve to adjust to this new reality.

“We urgently ask government to abandon the proposed end date of 17 May, to delay these changes at least until lockdown is fully over, and furthermore to keep an open review of right to work checks going forward - particularly to allow for full consultation with all stakeholders, thus avoiding any unforeseen consequences. The last few months have allowed us to pilot digital right to work checks, and the system works. The government has an opportunity to work with the industry to ensure right to work checks are fair and robust as we ease out of lockdown and rebuild the economy.”