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Please note that since originally publishing this blog the government have postponed the end date from 20 June 2021 to 5 April 2022

The Home Office has published updated Guidance for employers who have needed to carry out right to work checks during the pandemic.  The guidance confirms that the concession allowing employers to carry out a right to work check using video conferencing and relying on copies of supporting documents will end on 20 June this year. This means that from 21 June onwards employers will need to either check the applicant’s original documents or check their right to work online if the applicant can supply the employer with their share code.

Also now confirmed, is the decision by the government not to require employers to carry out a retrospective or follow-up check where a right to work check has been carried out between 30 March 2020 and 20 June 2021 (inclusive), in the prescribed manner under the concession.

Carrying out right to work checks is an important part of engaging a new employee. Remember that employer’s that fail to carry out these checks and employ an illegal worker can  be sent to jail for 5 years and pay an unlimited fine if you’re found guilty in circumstances where you knew or had ‘reasonable cause to believe’ the employee did not have the right to work in the UK.

It is also important to ensure that you do not discriminate against employees because of where they are from. The government has issued Guidance on how to avoid discrimination when carrying out right to work checks.

Please get in touch if you would like to discuss any questions you may have about right to work checks: 

E: enquiries@jma-hrlegal.co.uk / T: +44 (0)1252 821792

 

HR, Employment Law and Immigration Solicitors

+44 (0)1252 821792

help@jma-hrlegal.co.uk