Right to Work Checks

Posted on 16 June 2021 by You HR

As there are some important Employment Legislation changes regarding Right to Work Checks we have created a quick update to help ensure that you and your business are following the correct procedures.

Temporary Adjustments for Right to Work checks: Extended until 5th April 2022

The temporary changes, which have been in place since 30 March 2020 are being further extended. They have allowed right to work checks to be carried out by employers remotely over video calls without a requirement to see physical documents. In line with government guidance to work from home where possible, this has permitted potential candidates and existing workers to send scanned or photocopied identity documents to their employer via email or using a mobile app, in place of sending the original documents for the employer to physically review as is required under the standard checking process. This arrangement will continue to enable both employers, employees and candidates to follow the guidelines remotely and has been further extended until 5 April 2022.

From 6 April 2022, employers will be required to have the physical original documents when conducting right to work checks although the Government are looking at the continuation of the the inspection of documents via remote checks such as a video call or scanned copies in order for the check to be valid and provide a statutory excuse against a civil penalty for employing an individual who is prevented from working due to their immigration status. Further details will follow.

In order to be valid, checks for new recruits should be undertaken before their employment commences.

Until 31 August 2021From 1 September 2021 Employers need to:
Checks can be carried out over video callsRequest applicant’s original documents
Job applicants and existing workers can send scanned documents or a photo of documents for checks using e-mail or a mobile phone app, rather than sending original documentsCheck the validity of the documents in the applicant’s presence (in person or via a video call)
Employers should use the Government’s Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documentsCopies of the documents should be made and retained, together with a record of the date on which the check was completed

Please note, the Home Office has now confirmed that retrospective checks will not be required for individuals who had their right to work checks completed under the adjusted rules between 30 March 2020 and 5 April 2022.

Remember: You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check.

Get all the documents you need to complete a Right to Work Check

Our You HR Content Library has all the documents you could need to complete a Right to Work Check successfully including Guidance, Templates and Checklists.

For further information and assistance please contact alice@youhr.co.uk

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