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Home Secretary Yvette Cooper has announced plans to extend right-to-work checks to encompass the gig economy, aiming to close loopholes that have previously allowed illegal working arrangements to persist. This initiative is part of a broader strategy to combat illegal migration and ensure that all workers in the UK are employed legally.
The issues the Home Secretary raises revolve around two key factors:
1. Gig economy models tend to work on the basis that the ‘worker’ is not their employee and that they are ‘self employed’. They argue that they do not employ the worker, their tech simply brokers the service, so they do not have a legal obligation to check their Right to Work.
2. Many models are based on remote working, so physical contact with workers is limited or non-existent. This also means that their ability to monitor or check that the person registered with them is in fact the person undertaking the work becomes very difficult to control.
It is clear that the Government’s direction of travel is to place added responsibility for rooting out modern slavery and illegal working onto the employer. It is also worth noting that back in 2024 the employers guide referenced the fact that employers might wish to review workers in their ‘supply chains’. In practice this is likely to mean that the criteria for conducting these checks and the definition of who is responsible is extended from those who are directly ‘employed’ to workers who are ‘effectively employed’.
These impending changes present significant challenges for all businesses, but particularly those operating within the gig economy, construction or umbrella companies where flexible contracting, self employed and transient work arrangements are common. Ensuring compliance with enhanced right-to-work
checks requires robust and adaptable solutions capable of navigating the complexities of modern employment practices.
Rightcheck stands at the forefront of this compliance revolution with our fully
compliant, industry-leading, and intuitive right-to-work application. Our platform is designed to assist organisations in seamlessly meeting their legal obligations, thereby mitigating the risk of substantial fines and reputational damage associated with non-compliance.
Key Features of Rightcheck:
- Comprehensive Verification Platform: Apps and functionality to manage Right to Work checks in real time for employees, contractors, associated workers and supply chain staff.
- Industry leading biometric chip authentication & Automation: Delivering a
better candidate journey, efficiency savings for your hiring managers and HR teams and reducing the risk of errors from manual intervention. - eVisa and Share Code Integration: As the Home Office transitions to digital
digital-only proof of immigration status, Rightcheck offer automated verification to ensure employers don’t miss crucial work restrictions. Conditions and expiry dates. - Imposter Checks: Our app provides a feature that enables a quick, simple check to ensure the person presenting themselves for work is the same individual who was checked remotely and is not an imposter. This is crucial for Right to Work and security in general.
- Modern slavery checks: Proactive checks incorporated into the platform that
help identify possible modern slavery situations, going above and beyond tick-box publication of policy. - Smart Compliance Alerts: Automated system alerts monitor all candidate
checks entering for possible human errors, fraud, additional actions required by HR teams to action and where rechecks are required due to expiring visas. - Real-Time Compliance Updates: We continuously update our system to reflect
the latest legal requirements, providing businesses with confidence that their
right-to-work checks remain compliant amidst changing regulations. - Integrated criminal record (DBS) and background checks: Offering a seamless
candidate experience, through one application. Digital ID’s acquired for Right to Work can be used for Digital Basic, Standard and Enhanced DBS checks. There’s no need for multiple suppliers and confusing links for candidates.
As the UK government intensifies its focus on preventing illegal working, particularly within the gig economy, adopting a reliable and forward-thinking compliance solution becomes imperative.
Rightcheck is committed to supporting businesses through these changes, ensuring that they remain compliant, competitive, and confident in their employment practices.
By using Rightcheck, businesses can ensure compliance, reduce risk, and streamline the hiring process, helping them stay ahead of Home Office regulations and enforcement crackdowns.
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