Employment Alert – Right to Work checks

17 May 2021

Right to Work checks

What’s happening?

The Government has updated its guidance here on employers’ right to work checks as we ease out of the coronavirus pandemic.

The adjusted right to work check process, which is currently in place, will now end on 20 June 2021. This aligns with step 4 of the Government’s roadmap for coming out of lockdown.

Why is this important?

It remains an offence to knowingly employ anyone who does not have a right to work in the UK. As a result, employers are required to collate prescribed evidence to demonstrate their workers eligibility to work in the UK.

During the pandemic, employers have been able to carry out right to work checks for their workers over video calls, rather than in person. They will also be able to accept scanned copies of identity documents, rather than originals.

From 21 June 2021, this concession will cease. Employers will need to reintroduce face-to-face and physical document checks as set out in legislation and guidance.

Importantly (and very helpfully) the guidance confirms that employers will not need to request copies of original documents for those workers engaged between 30 March 2020 and 20 June 2021 (inclusive).

What should you do?

  • Set a reminder for the 21 June 2021 – from this point, you will need to revert back to face-to-face and physical document checks.
  • If you are an employer who will continue to work entirely remotely or whose premises will not reopen on or before 21 June 2021, you need to put together a strategy for managing these checks for your new starters.

If you need more information please contactus on 0800 2800 421 or email Employment.Alert@trethowans.com to find out how we can help.