Almost three million people have signed a petition against the UK’s digital ID scheme. Many argue it still wouldn’t stop illegal working. If such a scheme does come into play, a full rollout of digital ID may be some way off. Careful workforce planning, updated policies, and clear internal guidance have never been so important.
HR compliance and right-to-work checks
Even when using certified identity service providers, employers remain responsible as data controllers. HR teams will need to understand how employee data is stored, accessed, and shared, and ensure compliance with GDPR and employment law.
Freelancers, contractors and extended compliance
The scheme could widen the scope of compliance. Freelancers and contractors, previously outside standard right-to-work checks, could fall within HR’s responsibilities, increasing workload and liability. Hiring overseas staff may involve delays as digital IDs integrate with e-visas and immigration processes, increasing workload and liability.
If the scheme goes ahead
Right-to-work checks are needed for all employees in UK businesses. This means there isn’t a single firm across the country that won’t feel the impact of this change.
A single digital ID rule would standardise the process, but it also represents a big change in how HR teams handle onboarding and compliance.
From an HR perspective, hiring policies and procedures would need to be updated in line with the new system. This means businesses would need to conduct training for relevant staff ahead of time.
What HR teams can do now
While digital ID is debated, current right-to-work legislation remains in force. HR teams must continue to focus on robust processes using the currently accepted methods, which is particularly relevant when hiring international specialists who may need swift onboarding.
Five immediate compliance actions you can take today
To stay compliant today, HR teams should focus on practical steps they can take immediately to manage right-to-work checks efficiently and consistently. Here are five practical actions HR teams can take today to stay compliant:
1. Master the manual/digital process
All employers in the UK have a responsibility to prevent illegal working. Employers are responsible for right-to-work checks and ensuring compliance with the law.
- Manual document checks: Physically check original documents such as passports or biometric residence permits.
- Home Office online checks: Use the Home Office online service (Share Code) for employees with Biometric Residence Permits (BRP), Biometric Residence Cards (BRC), or Frontier Worker Permits (FWP). This is mandatory for these groups.
- Keep the date of the check, the Share Code, and the result for your records.
2. International tech experts
For foreign national tech contractors, compliance currently relies on the Home Office's online 'Share Code' system for checking e-visas. You must ensure the contractor has the correct visa and a valid Share Code before they start work.
UK companies have long turned to international talent. In 2022, over 54,000 tech workers migrated to the UK, accounting for 5% of all Skilled Worker visas issued. Top sponsored occupations include programmers, software developers, and IT business analysts. With tens of thousands of international tech hires each year, robust compliance processes are more important than ever. These figures highlight the tech industry’s reliance on overseas talent and the importance of robust checks to stay compliant.
3. Future skills gap analysis
Look beyond immediate recruitment needs. HR can work with department heads to forecast skill gaps 3 to 5 years out (e.g., due to AI or market shifts). This isn’t an official compliance report, but it provides input into a learning and development strategy that retains and upskills current employees.
4. ‘Near-Future’ policy workshops
The UK has frequent employment law changes, such as updates from the Employment Rights Bill or changes to RTW/Sponsorship. Run internal workshops for managers and employees before the law changes. This isn’t just a legal update, it’s about translating new rights (e.g., Carer’s Leave, Flexible Working) into practical workplace conversations and updating non-statutory guidance documents.
5. Maintain clear internal processes
Proactive planning and internal guidance now help mitigate future risk under a potential digital ID rollout. Communicate with your teams. HR staff and hiring managers should be trained on the latest right-to-work procedures, and they should understand what documentation is needed and why. Establish a consistent record-keeping culture so that dates, codes, and results of checks are logged. Using a simple pre-screening checklist before official checks helps reduce errors, ensures a smoother onboarding process, and mitigates risk, even before any formal digital ID scheme is introduced.
Ensuring long-term compliance
Whatever the future brings, careful workforce planning, clear internal policies, and updated guidance will be essential. Partnering with an experienced recruiter like NU Concept Solutions helps HR teams manage compliance efficiently. From right-to-work checks to workforce verification, NU Concept Solutions helps organisations to hire responsibly and stay protected.