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It’s common knowledge in the recruitment industry that not doing thorough background screening checks can incur significant costs for a business, both financially and in terms of reputation. If you are a job seeker looking for your next move to a new employer, or a small business owner who is thinking about hiring someone to hep your business grow and expand, then you should be prepared to carry out detailed screening, which goes beyond the basics of identity checking and making sure that someone has the right to work legally in the UK. If your prospective employer is not carrying out detailed checks, or if you as a recruiter are taking people on trust, what risks could this pose for the company?

Reducing Risks of Hiring

Screening checks play a crucial role in the hiring process by mitigating employment risks. Detailed background checks can reduce the risk of getting the wrong person, but cannot ever give a cast iron guarantee that the person you have recruited is squeaky clean. Despite this, many companies are still overlooking background checks, or just doing the bare minimum and relying on what the candidate tells them for the rest. Some of the most important risks associated with not doing background checking are:

• Financial Penalties: UK businesses are legally required to at the very least run right to work checks on their employees. Failure to do the checks or failure to keep records properly can lead to substantial fines and even imprisonment for up to five years if an illegal worker is employed.
• Reputation Management: While interviews are a good way of working out an applicant’s personality, without thorough verification checks, people who have lied about their experience or qualifications can still slip through the net. This can result in employees struggling in their roles and underperforming which has a knock-on effect on how customers perceive your organisation.
• Protecting Company Security: Sloppy background checks can compromise company and employee security. Employees with criminal records could pose risks such as theft, fraud, or embezzlement, exposing the business to significant financial liabilities. They could also pose a danger to their colleagues, or even customers.

Dealing With Risks

The first step in reducing risks associated with hiring the wrong people is to think about what damage someone could do in your organisation, given your individual circumstances. Clearly, someone in a very junior position with little access to bank accounts or other information is less of a risk than someone employed in a position with more responsibility. Once an employer has thought about the potential consequences, the steps to take in order to reduce these risks should be more obvious.

From an employee’s point of view, it’s important to realise that this higher level of background screening doesn’t mean you are suspected of anything, or being singled out. Employers are just being more cautious than they may have been in the past, and as long as you have been honest on your application form and CV, you have nothing to hide.

 

Industry experts have highlighted a worrying new trend in ways to beat sophisticated identity verification processes. A recent investigation shows that fraudsters have turned to AI and deepfake technology to beat identification checks. Scammers are helped in their activities by the fact that a third of Brits share sensitive documents online without protection. Data indicates that people aged 18 to 24 are most at risk of being hit by a scam, with 48% of them admitting to having shared ID documents via risky channels like email, social media, or messaging apps.

Although 45% of Brits say that they are aware that sharing images or scans of ID documents online could lead to fraud, 33% still do so. Also, less than a third of the British public say that they fully understand what deepfakes are and the risks they entail. Deepfakes are highly convincing videos, photos, or audio clips that mimic real people.

What are the Risks of Forged Documents?

According to industry experts, the general public’s lack of concern or awareness about digitally generated images or videos is alarming. AI technology is progressing rapidly, and although most people have heard about it in a general sense, they are unaware of what AI can be used to do. Experts advise against sending scans or photos of driving licences or passports through unencrypted channels like social media or email.

High-tech criminals can try to use AI and deepfake technology to create realistic forged documents and videos to trick traditional identification verification methods. Their end game is to try to open bank accounts or apply for credit cards. Phishing attacks, where you are encouraged to log into a fake website and share personal details, have become harder to detect due to fewer spelling and grammar errors, thanks to AI generated text.

Staying Safe from ID Scammers

If this all sounds scary, then don’t panic. Although there is growing concern about what AI can do in the wrong hands, there is still plenty you can do to protect yourself and keep your personal information and identity documents secure. To protect sensitive documents you should:

• Keep devices up to date. Always update the operating system on your phone when prompted to do so, and make sure to install updates on your laptop or tablet.
• Avoid sharing too much information openly, whether in real life, or on social media. Look at your privacy settings on social media where you share personal photos, and think carefully about the people who you have connected to.
• Try to use sites which make use of advanced biometric security systems which look for facial movements like blinks, as these are less likely to be fooled by stolen photos or deepfake images.

There are many situations in which you will be asked to prove your identity, such as when starting a new job, or when applying to rent a new property. If you are being asked to upload images of your identity documents and a selfie by other sites, always question whether the request is genuine.

Famous dating app Tinder has started to enhance its identity verification for UK users. They are doing this by implementing passport or driving licence checks alongside a video selfie. This voluntary scheme will give app users a blue tick on their profile, which is the social media standard sign that someone is genuine. Tinder has in the past been frequently targeted by fraudsters, and aims to increase user safety and confidence with this measure. Identity verification is something we are all used to, whether applying for jobs, or opening a bank account. Although it’s perhaps more unusual to be asked to prove who you are when signing up to use an app, the level of trust involved in meeting someone in real life who you’ve matched with through an app means that verifying identities of users can help reassure them in terms of safety, at least to some degree.

Tinder claims to have half a billion users around the world, and has previously made attempts to tighten up on security on the app, and reassure its users that they are meeting genuine people who are interested in a relationship rather than their bank balance. The app still advises users to make their first meetings with any strangers in a public place, and to let a trusted friend know where the meeting will take place.

Verifying Identities to be Mandatory

Although Tinder has rolled out the option to verify your identity and get a blue tick against your profile on the app, this step is not compulsory. Users are still free to download the app and start swiping without any checks into their identity. The charity Victim Support welcomes the move to verify identities but has urged platforms like Tinder to make ID verification mandatory. Charities have raised concerns about the growing numbers of romance fraudsters targeting individuals through social media sites such as Tinder. They also pointed out that victims are reluctant to report crimes to the police, due to the associated shame and stigma.

What is Romance Fraud?

Romance fraud, also known as catfishing, involves pretending to be in a romantic relationship with someone, often to scam money. Many victims send huge sums of money to their overseas “partner”, before discovering that they have been scammed. As many of the scammers operate outside the UK, getting any money they have sent back is often impossible.

Tinder’s new system aims to address these issues of romance fraud by reassuring users about the authenticity of their matches. Verified users will receive a blue camera icon badge for photo verification, a blue ID icon badge for ID authentication, and a blue checkmark for completing both steps. This system for checking the identity of Tinder users has already been introduced in Australia and New Zealand. Tinder’s statistics show that users who have gone through the steps to verify that they are who they say they are get 67% more matches than unverified users. As well as the UK, Tinder is rolling out the verification tools to the United States, Mexico and Brazil.

 

If you’re applying for a position, or trying to recruit people to fill vacancies, you will probably be aware of Right to Work checks. These aim to try to stop people working illegally in the UK. Fines for employing illegal workers rose dramatically at the start of 2024. As a consequence employers are putting even more effort into verifying the identity of potential recruits, and checking out their backgrounds. Applicants without the right to work in the UK often go to great lengths to secure employment. They may also try to commit right to work fraud through recruiters and recruitment agencies.

While temporary recruiters or agencies aren’t legally required to perform Right to Work (RtW) checks, many choose to do so. This avoids causing problems for their clients who would be the ones fined if found to be employing illegal workers. Digital technology can help recruiters detect people who are not presenting genuine documents and this offers protection to recruiters and their clients. However, fraudsters continue to adapt to this new digital world and are always trying to stay one step ahead.

Understanding Digital Right to Work Checks

There are currently two different digital Right to Work checks for people applying for work in the UK.

• Digital checks for in-date UK and Irish passport holders
• Digital eVisa checks for non-UK/Irish nationals, using Home Office-issued share codes as proof of eligibility.

Spotting Fake Documents in Right to Work Checks

In the past year, forged UK and Irish passports accounted for 45% of all fake documents presented for RtW checks, a 6% increase from 2021. Over half of these were British documents. Irish documents were second, with Irish passport cards, which are easier to counterfeit, being the most common. Fraudsters with fake UK and Irish documents aim to pass identity checks to secure employment as British and Irish nationals need no other checks to verify their identities and right to work. All passports have built-in security features. The key to combatting fraud is knowing what these features are, and where to look for them.

Imposter Attacks and eVisa Fraud

EU ID cards and Biometric Residence Permits were removed from the RtW document list after Brexit changes. Fraudulent applicants increasingly use the eVisa scheme, and give an employer a Home Office-issued share code. Imposters acquire genuine share codes and attempt to pass themselves off as the rightful holders. They are often caught when their images are compared to those in the Home Office database, which is why employers require a selfie for validation during the share code check.

Physical Documentation Right to Work Checks

Not all RtW checks are digital. Fraudsters hope staff are not as trained in spotting fake documents as digital systems are. Given the diversity of global identity documents, recruiters cannot be expected to be experts in identifying fakes from every country. In a survey of recruiters and HR professionals, only a third felt very confident in identifying fake documents. Employers should either refer to the experts if unsure about a document, or ask for further documents to confirm someone’s identity.

 

Hiring the right staff can be challenging. From an employer’s point of view, they want the right person to start work as quickly as possible, with minimum paperwork. However, references should play a crucial role in the pre-employment screening process for all companies. Employers have to rely on references to verify an applicant’s experience and qualifications. References are just as important a part of the recruitment process as identity verification or performance at interview. Should you be worried about forged references?

Taking Up References

Most job-seekers have no issues with previous employers being contacted for references. There is however evidence that there is a growing problem with fake or forged reference. If an applicant submits a false reference, this immediately calls into question their honesty and whether they are the right person for the job.

Why Do People Provide False References?

Not everyone who fakes references is a hardened criminal determined to commit crime. Although misguided, some will submit forged references to:

• Cover career gaps – Some candidates use fake references to cover periods of unemployment they don’t want to explain.
• Falsifying Experience – Applicants not qualified for a role may use false references to appear more experienced in a previous role than they were.
• Hiding Negative Reasons for Leaving – Candidates who left a job on bad terms, were dismissed, or who are under investigation might provide false references to hide this.

Bear in mind that it’s not always a case of a candidate writing their own reference or asking a friend to do it for them. There are companies who will provide any style of reference for a fee, and these are harder to detect. Many companies in the UK have switched to providing very basic references only, just confirming dates of employment or job title. Character references are far less common now.  If you are presented with multiple references all of which go into detail about someone’s character or personality, then you should delve deeper to find out what is going on.

Consequences of Fake References

Apart from raising the issue of dishonesty, fake references which get someone a position they are not suitable for can lead to significant mistakes. This can affect customers and suppliers or cause reputational damage. From the applicant’s point of view, being discovered with fake references can lead to instant sacking.

Tips for Identifying Fake References

• Look for mistakes in spelling and grammar, and check for any other errors or discrepancies.
• Look at the contact details – is it a corporate email address, or a throwaway Gmail account?
• Check the identity of the referee online, using sites like LinkedIn.
• Don’t make assumptions that a reference must be right or wrong based on a candidate’s age or other work history
• Use the experts – fakes are often clever and hard to spot. It’s worth using a third party organisation to manage your pre-employment checking and reference verification.
• Trust Your Judgement – If something seems off, investigate further by making a phone call or contacting the company directly.

Most of us are aware of the issues around identity theft. This sort of crime is often financial, with fraudsters stealing your personal information to allow them to take out loans or mobile phone contracts in your name. However, a recent study highlights a new trend and a surge in “selfie spoofing” scams. These involve fraudsters stealing your personal selfies to commit identity fraud. Using your biometric data or your facial features to open a phone or confirm your identity when applying for a passport or a new job is becoming increasingly more common. So if your image is stolen or “spoofed”, just how risky could that be for document verification?

What is Selfie Spoofing

According to recent industry research study, selfie spoofing scams have become increasingly common over the past year. Criminals use these stolen selfies to fraudulently open accounts in the victim’s name. Selfie spoofing involves criminals taking a photo of someone’s selfie, whether it’s on a computer screen, printed on paper, or an actual headshot from another document. The criminals can then use these stolen pictures to authenticate stolen identities and open fraudulent accounts.

Protecting Your Images and Selfies

The report highlights that the ease of getting access to photos on public social media profiles has made selfie spoofing scams even easier to carry out. Smart fraudsters can steal almost anyone’s picture from a Facebook or Instagram account, and then use it to try to bypass face verification systems. If facial biometric technology at a bank or other financial institution doesn’t recognise that it is being presented with a forged image rather than seeing the face of the actual customer, this can allow the fraudsters access to social media, bank accounts and more.

Protecting Yourself from Selfie Spoofing

The report reveals that people in the over 50s age group are the most common targets of selfie spoofing scams. This may be due to a lack technological proficiency, but also because the way social media is used differs between age groups. In 2023, selfie spoofing scams accounted for 20% of identification document fraud. In coming years, the figure is set to rise. Banks and other financial companies are working to develop software which can easily detect the difference between a live face, and a spoofed image. In the meantime, think carefully about the sorts of images you are posting online. Review the privacy settings on your social media accounts to make sure only your real friends and contacts are seeing your posts.

Identity Document Theft

The most common document fraud technique involves “document image-of-image,” where fraudsters use a photograph or screenshot of a victim’s ID. Never upload images of key identity documents such as driving licence or passport details page to a website unless you completely trust the company you are dealing with. Never put pictures of key identity documents on social media. One of the best ways of keeping on top of identity theft is to get into the habit of checking your credit report. This helps to identify any suspicious credit applications.

One of the main consequences of the Covid-19 pandemic has led to a significant shift in the way we all work. Many workers are still working from home fully, or on a hybrid model with some days in the office and others at home. Other workers have taken the opportunity to change their lifestyle entirely and may want to work remotely from overseas locations. Technology might make this feasible, but it is important for both employers and employees to be aware of the potential legal implications. There is lots to think about, including tax and social security implications, immigration and Right to Work identity checks, employment law or data privacy implications.

Tax Implications When Working Remotely Overseas

If an employee works overseas temporarily, while taking an extended break overseas, there are no tax implications, and they just keep paying their UK tax in the same way. If, however, the worker is planning on being outside the UK for more than 183 days per year this changes their tax status, and the worker may have to apply for a special PAYE code. In addition, being resident in another country might make the employee liable for tax in the country where they are working remotely, depending on the laws there.

Depending on someone’s status overseas, they may also be governed by local health and safety and other laws, which can cause a complex situation for workers and employers.

Immigration Implications

Even when working for a UK-based employer, different countries may want remote workers to have a special working visa rather than a standard tourist visa. After Brexit, working remotely for a UK employer in countries of the European Union or Switzerland is not as straightforward as it used to be, and should be carefully considered. In terms of Right to Work checks, if the person being employed is working for a UK-based company but has requested to work remotely all or part of the time, the employer must still make sure that the worker is legally entitled to take up the position. Records of checks also have to be kept, as the Home Office may audit businesses suspected of employing people illegally.

Confidentiality and Remote Working

One of the main concerns from employers is around keeping information secure, when they don’t have control over internet security in a foreign country. In some sectors, such as healthcare or financial services, there are legal requirements about keeping information confidentially, and a complete ban on overseas working. An employer who turns a blind eye to someone working overseas could end up in hot water legally.

Minimising Remote Working Risks

All employers should have a remote working policy setting out their expectations. New requests should be evaluated against the policy to address any risks. If there are any complicating factors in the job, then it is always wise to get legal advice around tax and data protection. If there is any possibility of a return to working in the office full time, it may not be wise to employ someone who intends to work full-time from overseas.

Do you really know who your employees are and who your customers are? This question used to be simple to answer, in an age where businesses operated locally, and employees and customers were all known to each other. However, we’re all doing far more business online, and in 2024, your customers can be anywhere around the globe. Our colleagues could be working remotely in any part of the UK, and we might not ever meet them face to face. There are many reasons why given these new ways of working, that a company might set up a system of identity checking for everyone working for them and also for their suppliers and major customers. If you’re running a small business, or thinking about applying for a new position, you can expect to go through some level of background checking, the depth of which will depend on the role.

Background checking is nothing to be afraid of, and not something to be taken personally. Here are the main reasons why companies might want to run identity checks on anyone thinking about applying for a job with them.

Legal Compliance

Perhaps the most important reason for identity checking before taking up a job is to comply with the law. Employers in all parts of the UK face heavy fines if they are found employing people who are either in the UK illegally, or whose immigration status prevents them from working. Right to Work checks will require any job applicant to show documents to prove their nationality and status in the UK.

Customer Loyalty

In a difficult business environment, employers are doing everything they can to keep their customers happy. Good customer service and professional staff go a long way to keeping customers happy, and businesses can only do this if they are sure about the background of their staff. Along with identity verification, managers will try to check references and spend time interviewing candidates, so they make recruitment decisions based on the most detailed level of information possible.

Fraud Prevention

In some sectors, especially financial services, companies want to make sure that they have taken as many precautions as possible to protect their customers’ accounts and money. The risk of taking on a staff member who has an extensive criminal record or history of theft is high, and employers will usually ask for at least a basic DBS check on potential workers. For positions of more responsibility, there may be more detailed checks into criminal records.

Maintaining Standards

The finals checks which may be done are into the qualifications which someone is claiming when they apply for a position. This could mean academic qualifications, certificates to do something like work on gas boilers, or even driving licences. The risk of taking on someone who is not qualified for the job can seriously damage the service offered, and if an employee is dismissed, the costs of recruiting a replacement can be substantial. It’s easy to check on academic and other qualifications, so don’t ever be tempted to lie on your CV or application form.

For many students leaving home and starting university or college is their first time away from home, and their first time dealing with landlords and the laws around renting property. Understanding their rights and responsibilities as a tenant is paramount. One of the first things many students will come up against is the Right to Rent check, which is a legal requirement to run identity checks on all tenants, irrespective of their employment status. Right to Rent checks aren’t complicated and should just be another administrative hurdle to cross.

Background to Right to Rent Checks

Right to Rent checks have been a requirement in England since February 2016 and are part of the government’s strategy to combat illegal immigration by making it difficult for people in the UK illegally to be able to rent property. Private landlords and letting agents must carry out nationality and immigration checks on their tenants, and if they don’t, they face a potential £3,000 penalty. The Right to Rent applies to everyone who is in the UK legally. This includes people with British or Irish citizenship, who have indefinite leave to remain, refugee status, or permission under a valid visa.

Right to Rent Checks for Students

Students who will be living in university halls of residence, or similarly privately-owned halls do not have to go through Right to Rent checks. The checks only apply to students over the age of 18 who are renting a room or flat through the private sector.

Landlords and letting agents can perform right to rent checks manually by inspecting original documents or by using the Home Office online checking service. Checks can be conducted 28 days before the tenancy begins, and checks can be carried out on students who have not yet arrived in the UK. Student visas are generally for a set period of time, long enough for a student to complete their course. This means that landlords will have to check the status of students regularly to make sure nothing has changed. Annual checks are usually advised in this market.

What Documents Will I Need to Present?

For British and Irish citizens, a passport is sufficient as proof of their right to be in the UK legally. People from other countries can provide alternative documents, including immigration visas, certificates of registration, or naturalization. The Home Office online checking service is available for students born outside of the UK and Ireland, including those from the EU on the settlement scheme, and students from all other parts of the world. Students will need to log into their Home Office visa portal, and then provide a share code to the landlord to allow them to log in and check too.

International students may also be asked to show documents from the university or college to confirm their place and course dates. Most higher education institutions will have an overseas student team, or accommodation office, with staff who can offer advice on the process and help with which documents to provide.

One of the main powers the Home Office has to tackle illegal working is the authority to issue Information Requests to employers suspected of employing illegal workers without proper identity checks. This is the first step in the process which could end up with a civil penalty notice of up to £20,000 per illegal worker. Never be tempted to ignore these requests when they arrive, as supplying the information the Home Office ask for may mean a reduced penalty, or no penalty at all. In 2022, Immigration Enforcement data shows nearly 1,000 penalties were issued, costing employers a total of £16 million.

Consequences of Civil Penalties

Civil penalties don’t just have financial consequences for employers. They also include the risk of losing a sponsor licence for employers who employ overseas workers. Workers might have to reapply for their right to stay in the UK, or in the worst cases, be forced to leave. The Home Office publishes details of fines, leading to negative press coverage and reputational damage.

What is An Information Request from the Home Office?

Any information request from the Home Office in terms of Right to Work checks will follow a standard format and will always ask for:

• Company details, including business owner or director information.
• Names and details of suspected illegal workers.
• Confirmation of completion and timing of right to work checks.
• Reports made by the employer if illegal working was suspected.
• Any supporting documentary evidence.

What Should We Do When We Receive a Request?

If you get a request for information from the Home Office, there are some key steps any business owner needs to take. The first is to seek independent advice from your legal team or immigration expert.

Always cooperate fully with the Home Office, as even if you are found guilty, working with them can see £5000 knocked off any fine. Cooperation means quick response to questions, giving them any paperwork they ask for, and allowing inspectors into your business to look at records. Audit your own records to see if there is any basis in the Home Office claims, by making sure you have records of proper Right to Work checks done before someone started work, and then again on a regular basis. If you have used a third-party company to manage your recruitment and pre-employment screening, ask them to supply the information they have. If it can be proven that a third-party company has been negligent, then you may be able to argue for a further reduction in fine, or to have it cancelled entirely.

If you are confident that your organisation has done everything possible to guard against employing illegal workers, then you have nothing to fear from a Home Office check. Keep up to date with any changes in legislation which may affect your organisation and get legal advice from experts or from the Home Office if you are unsure about the process for checking, or the record keeping after the checks are done.