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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.

Our restaurants, bars and nightclubs are still struggling to recover from the profound impact of COVID-19 on the hospitality and retail industry in 2020. According to recent figures from the sector, around 9 pubs or other hospitality venues are closing every day. It’s a challenging environment for employers, who are trying to remain competitive by cutting their costs, at the same time as trying to deliver a high-quality service with great staff. Recruiting on a tight budget means getting the right people more critical than ever, as a poorly qualified person, or member of staff with a criminal past can cause huge financial or reputation damage to a hospitality business. For all these reasons, hospitality is starting to take background screening more seriously than previously. If you’re thinking of applying for work in a local restaurant or bar, what might you expect from basic identity checking or more detailed background screening?

What to Expect When Applying for Hospitality Work

Cutting costs on background screening in the hospitality sector might seem tempting at first glance for employers. However, CV fraud, questionable social media histories, and hidden criminal backgrounds can pose significant risks. There are also compulsory checks into Right to Work in the UK which all employers in the sector should be doing, with fines for employing illegal workers rising dramatically in 2024.

From an employee’s point of view, the very minimum you should expect in background checking is to be asked for something to prove your nationality, and right to work in the UK. The easiest way to do this is by showing your passport. The hospitality sector has traditionally been the part of the economy which has seen a higher level of illegal workers, given that there are many part-time and casual positions.

Deeper Background Screening

For people applying for a casual or part-time role in their local pub or café, an identity check and verification of their nationality is usually as far as background screening will go. But if someone is applying for a position with a bit more responsibility, such as a shift manager in a restaurant or dealing with hiring other members of staff, a more detailed level of checking can be expected.

Every business will differ in the checks they run and their approach to screening, depending on the risks they think affect them the most. Many organisations will ask for verification of academic qualifications, by asking candidates to bring in exam certificates, or by calling up universities to make sure someone has the degree they are claiming. Hospitality businesses will generally check references, especially from other companies in the same sector.

Social media screening is becoming very common in hospitality, as these checks can reveal the personality of candidates and help management assess whether someone will fit with their team. Before applying for a new position, take an hour to go through your social media accounts. Look at who you follow, what you repost and the pictures you post on your page to make sure you are not raising any red flags for a potential boss.

The Home Office has announced plans to discontinue biometric residence permits (BRPs) and physical immigration documents, as of January 1, 2025. This is a huge change to the way the immigration system works and will affect anyone undergoing identity checks and Right to Work checks to establish their status in the UK.

Many BRPs and biometric residence cards (BRCs) will expire on December 31, 2024, even when the has permission to stay in the UK after that date. This situation is down to post-Brexit issues around encryption of the information held in the documents. The government was expected just to update documents but has opted for a complete shift away from physical immigration documents.

What Documents Are Affected?

The Home Office plans to move to a system of digital recognition of immigration status using a new system called e-Visa. This will replace the following documents:

• Biometric Residence Permits (BRP): Currently held by people with immigration permission longer than six months or those settled in the UK.
• Biometric Residence Cards (BRCs): Held by some EU Settlement Scheme participants.
• Vignette Stickers in Passports: Used for visitor visas for visa nationals and as initial facility for some applicants awaiting their BRP or BRC.
• Stamped Endorsements in Passports: Held by individuals who settled in the UK long ago or had short-term immigration permission (six months or less) given on arrival at the border.

Register Now for Digital Identity and Immigration

During 2024, everybody with these physical documents will need to register for a UKVI account to get an eVisa showing immigration permission. Setting up these accounts allows users to generate a share code and allow employers, landlords and other parties to access their information.

Impact on Right to Work Checks

With the expiry of physical immigration documents at the end of 2024, individuals with limited immigration permission might need to go through the right to work checks again before that date rather than when their permission expires.

Through 2024, employers are being encouraged by the government to identify all workers who this new system applies to and start to reassess their right to work before the December deadline. They are also being asked to help workers with setting up their immigration online account, rather than leaving it to the end of the year when there is likely to be a rush of applicants.

Although the system is set to change at the end of 2024, this is still some time away and there will be a general election at some point in 2024 too, which could change everything. The details of how the system will work are still being ironed out, and employers are encouraged to stay informed and be prepared any challenged towards the end of 2024. There is information on the Home Office section of the government website. The government and other employers’ organisations have also voiced the possibility of running training and information sessions for anyone affected through the rest of 2024.

A new survey by the higher education organisation HEDD has indicated that a staggering 49% of large businesses and 48% of smaller employers have come across candidates who lied about or exaggerated their degree qualifications. It’s a huge issue, and despite the findings, 20% of surveyed employers admitted to not verifying degree qualifications. Those who were checking often relied on conversations with tutors or references supplied by the candidate, while others just assumed that the candidates wouldn’t lie, or decided that someone’s performance in an interview was more important than any qualification anyway.

Other employers are taking the issue of CV fraud more seriously, and it’s becoming increasingly more common to verify academic qualifications as part of pre-employment checks along with basic identity verification and Right to Work Checks, and looking at any gaps in employment.

Legal Consequences of CV Fraud

HEDD, the organisation which brings together all higher education establishments in the UK, has highlighted that anyone who is tempted to lie about having a degree, or who exaggerates their grades, could be open to prosecution by their employer if they are found out once their employment starts. There could also be further implications for employers, especially in sectors such as education, healthcare, or financial services, where someone can only legally be hired into certain roles if they have the right qualifications.

Spotting a Fake Qualification

HEDD’s survey also revealed two broad types of fake qualifications on the market. The first concerns fake universities which are set up online to provide degree certificates to anyone who wants one, for a fee. A bit of research online into the institution which claims to have awarded the degree should easily reveal if it is a genuine university or not. Fake universities will generally not have postal addresses, no campus, no staff lists and will not be accredited by government or other similar body. The other type of fraud is harder to detect, as a candidate will claim a degree or other qualification from a UK university which we are all familiar with. Although the institution might be genuine the student either never attended, was on a different course, or got a lower grade than they have stated.

Checking Up on Academic Qualifications

There is now a service available from HEDD which allows any employer to log into a website and check the academic qualifications of a job applicant. This costs from £14 per person and many companies have already started to incorporate these checks into their standard background screening. Almost 500 UK universities and colleges are part of the system, which also helps employers check up on known bogus colleges. The website will confirm the dates of study, qualification awarded and the grade if relevant.

It’s easier than ever for employers to check what you are telling them on your CV is true. Don’t be tempted to tweak your grades to make yourself more attractive to employers as it’s getting more likely than ever that you’ll be found out.