Legislation
On 27 December 2021, the government announced its intention to enable employers to use certified digital identity service providers (IDSPs) to carry out identity checks on their behalf for many who are not in scope to use the Home Office online services, including British and Irish citizens. The legislation took effect from 6 April 2022.
From 6 April 2022, identification document validation technology (IDVT) was introduced to support employers with right to work and pre-employment DBS checks.
UK Digital Identity and Attributes Trust Framework
The Home Office and Disclosure and Barring Service (DBS) worked with the Department for Digital, Culture, Media & Sport (DCMS) to develop the UK Digital Identity and Attributes Trust Framework (‘the trust framework’).
The Home Office conducted a review of the availability of specialist technology and its ability to support a system of digital right to work checks in the future.
Providers can become certified to complete digital identity checks for the Right to Work, Right to Rent, and DBS schemes respectively, in line with the trust framework.
The trust framework is a set of rules organisations agreed to follow to conduct secure, trustworthy identity or attribute checks.
Whilst it is not mandatory for employers to use a certified IDSP for the purposes of right to work checks, the Home Office recommends employers use a certified IDSP. This provides assurance that the chosen IDSP meets relevant scheme guidance, and the standards set out in the trust framework.
This means an employer can reduce risk by recruiting in a safer way as they are able to assure prospective employees' identities and eligibility using consistent and more secure methods. Employers will retain obligations that they must comply with under the Right to Work and DBS Schemes, including to satisfy themselves that the IDSP has carried out an identity check on the employee, and to retain copies of the check.