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Right to Work Checks in Hybrid and Remote Teams: Digital Identity, Share Codes and Effective Follow-Up Strategies

  • ATHILAW
  • 14 hours ago
  • 8 min read

When managing hybrid and remote teams, carrying out right to work checks can be more complex than traditional face-to-face methods. You can complete these checks digitally by using tools like digital identity verification and share codes, which enable you to confirm a worker’s eligibility without needing physical documents or in-person meetings. This streamlines the process while keeping it compliant with UK immigration rules.


Digital identity services help reduce errors and simplify the verification process. Share codes allow you to access real-time information directly from government systems, making checks faster and more secure. However, it’s important to follow up properly to ensure the information remains valid throughout employment.


Using digital checks and keeping clear records helps you stay compliant, especially as remote and hybrid work becomes more common. You’ll need a reliable process to handle the ongoing legal requirements, even if your team isn’t always in one place.


Essentials of Right to Work Checks in Hybrid and Remote Teams

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You must understand the legal duties and challenges when doing right to work checks in hybrid and remote setups. The use of digital identity tools, share codes, and video calls helps you meet compliance while reducing risks. Knowing what can happen if you fail is key to protecting your organisation.


Legal Requirements for Employers


As a UK employer, you must carry out right to work checks before hiring anyone. These checks prove your new employee has the legal right to work in the UK. You need to see and verify original documents or use the Home Office’s online services.


If you use remote methods, you must still confirm the employee’s identity through a secure video call. The Home Office allows digital checks, but you must follow all rules to keep your statutory excuse against illegal working. This means you have evidence showing you did the checks properly at the right time.


Keep records of the check, including dates and the documents or digital evidence used. This record helps you if the Home Office asks to review your compliance.


Implications of Remote and Hybrid Work Environments


Hybrid and remote work means you often cannot verify documents in person. You rely on technology like video calls and share codes provided by the Home Office to check employee identity in real time.


This digital system lets you see official right to work status without handling physical documents. You should use secure platforms that protect employee data and meet privacy rules.


Remote checks require you to be thorough, ensuring the person on camera matches the ID shown. You must also confirm the documents are valid and current. Hybrid setups might combine digital and in-person checks depending on where employees are located.


Adjust your HR processes to record and store all digital right to work checks securely. Staying updated with Home Office guidance is essential as rules can change.


Risks and Consequences of Non-Compliance


If you fail to do right to work checks properly, your organisation risks serious penalties. Employing illegal workers can lead to fines up to £20,000 per worker and even criminal charges.


You lose your statutory excuse, meaning you cannot defend yourself by showing you did your duty. This increases your legal exposure and damages your reputation.


Poor compliance may also lead to delays in business operations if the Home Office intervenes. Taking shortcuts or ignoring remote check rules puts you at risk.

To avoid penalties, you must strictly follow all Home Office guidelines. Use digital tools correctly, keep detailed records, and train your team on legal requirements. This reduces the chance of illegal working and protects your business.


Digital Identity and Identity Verification in Right to Work


You need a reliable and secure way to confirm an employee’s right to work, especially in hybrid or remote teams. Digital identity tools and certified providers make the process faster and help you stay compliant with UK regulations. Here’s what you should know about digital identity and verification.


Role of Digital Identity in Verification


Digital identity lets you verify an employee’s identity online by using their personal information and documents. Instead of face-to-face checks, you rely on digital proofs like scanned passports or biometric data.


This reduces errors and speeds up the process. It also means you don’t have to handle or store as many physical documents, lowering data risks.


Using digital identity, you can complete right to work checks remotely and confirm authenticity before hiring. This method meets government standards and keeps your hiring process efficient.


Certified Identity Service Providers (IDSPs)


Certified Identity Service Providers, or IDSPs, play a key role in digital right to work checks. These providers are officially recognised and meet strict security rules set by the UK government.


You can use an IDSP to carry out identity verification for you. They check the documents, confirm the employee’s identity, and share a secure digital report with you.


Working with certified IDSPs ensures you comply with legal requirements. They help reduce fraud and avoid costly mistakes while giving you a clear audit trail for each check.


Digital ID Solutions for British and Irish Citizens


For British and Irish citizens, digital right to work checks can use valid passports or other government-issued IDs online. Irish passports are accepted equally in this process.


You or your IDSP can verify these documents digitally, confirming the holder’s identity and right to work remotely. The government supports this method to make the hiring process smoother.


You must ensure any digital solution you use is compatible with the current rules for right to work checks. Using official digital ID tools keeps your process secure and compliant without needing physical paperwork.


Conducting Right to Work Checks: Manual, Digital and Online Methods


You need to verify a person’s right to work using reliable methods suited to your team’s working style. These methods include checking physical documents, using government-approved digital services, and accepting online share codes from candidates. Each method has clear steps to follow for legal compliance.


Manual Document Checks


Manual checks require you to examine original physical documents from the employee. You must obtain documents from List A or List B, such as passports, biometric residence permits, or birth certificates. Check the document’s validity and that the person presenting them matches the holder.


You should inspect the document carefully for signs of tampering or expiry. Keep a clear copy of the document for your records. You must carry out these checks before the person starts work and keep the records for the length of employment plus two years.


Manual checks are straightforward but less flexible for remote hires because they usually need in-person verification.


Using Digital Verification Services


Digital verification uses a secure, Home Office-approved online platform to confirm identity and work eligibility. This method allows you to check an employee’s digital identity through Identity Service Providers (IDSPs) by verifying passports or other approved documents digitally.


Digital services improve accuracy and speed, especially for hybrid or remote workers. They reduce the risk of forged documents and can be completed faster than manual checks. You must still keep electronic records and ensure the digital system you use complies with government standards.


This option suits employers who want to blend convenience with compliance.


Home Office Online Share Code System


The share code system allows candidates to generate a time-limited code through the Home Office online platform. You enter this code on the Home Office website to see the person’s right to work details instantly.


The share code method is simple and ideal for remote checks. Candidates can share their work status securely without sending physical or digital copies of ID.


The results are directly verified by the Home Office, reducing your risk of errors.

You should still save a record of the right to work check and the date you verify the share code. This system works alongside manual and digital methods to provide strong evidence of eligibility.


Share Codes: Processes and Best Practices


Using share codes helps you prove the right to work digitally, reducing the need for physical documents. You must understand how to get, check, and use these codes correctly to stay compliant with Home Office rules.


Obtaining and Validating Share Codes


You can obtain a share code through the Home Office online service once you have established your digital immigration status. The code is a secure, temporary link valid for 90 days, allowing your employer to verify your right to work.


When validating share codes, your employer should enter the code on the official Home Office portal. This will confirm your identity and work entitlement. Employers must record the date of the check and the result to meet compliance requirements.


Remember, British and Irish citizens cannot use share codes. Instead, their right to work must be checked with physical documents.


Share Code Use for Non-UK and Non-Irish Citizens


Share codes mainly apply to people from outside the UK and Ireland who have a digital immigration status, such as those with digital visas or settled status under the EU Settlement Scheme.


If you are waiting for an immigration decision, you usually cannot generate a share code. Your employer must then check your documents in person to verify your right to work.


Employers must use share codes carefully. Incorrect use can lead to compliance problems and fines. Always follow Home Office guidance and keep records of all checks done using share codes.


Follow-Up Right to Work Checks and Ongoing Compliance


When managing hybrid and remote teams, you need to keep your right to work checks up to date and well documented. This means knowing when to carry out follow-ups, keeping solid records, and taking steps to avoid illegal working.


Staying organised helps you maintain compliance and protects your business.


Timelines and Triggers for Follow-Up Checks


You must carry out follow-up right to work checks if an employee’s permission to work in the UK is time-limited. This means checking again before their visa or work permission expires. The key trigger is the end date on their current permission document.


For example, diarise a reminder at least 28 days before the expiry date to give yourself time to verify renewed permission. If you fail to do this, you risk losing the statutory excuse against penalties for illegal working.


Additionally, employers should update checks following changes in immigration rules or after evidence types become invalid, such as passports marked as cancelled.


Record-Keeping and Audit Trail Requirements


Proper record-keeping is essential to prove you have done right to work checks correctly. You should keep copies of all documents or digital confirmations, including share codes from the government’s online service.


Maintain a clear audit trail showing the date and method of each check. This should include follow-ups and any digital verification logs.


Records must be kept securely for at least two years after the employee stops working for you. This helps if you face an inspection or need to prove your compliance.


Mitigating Risks of Illegal Working


To reduce the risk of illegal working, use the Home Office’s online right to work service where possible. This digital system allows you to verify permission safely, even for remote staff.


Set up alerts for upcoming expiry dates, and ensure managers understand the importance of follow-ups. Failure to recheck or rely on cancelled documents leaves you open to fines.


By following these steps, you build a strong defence against illegal working claims while demonstrating ongoing compliance with the law.


Looking for trusted legal experts? Athi Law offers experienced business immigration solicitors to support your company’s global talent needs, specialists in commercial conveyancing to protect your property transactions, and reliable independent legal advice for mortgage agreements. We also assist with immigration for parents, helping reunite families with care. Speak to us today!

 
 
 

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