In March 2020, the UK Home Office made temporary changes to right to work rules to allow employers to do online right to work checks as a result of the pandemic.
They have now announced that the concession will come to an end on 16 May 2021 with the rules reverting back to normal from that date.
This means that until 16 May 2021, employers who are checking an individual’s right to work in the UK can continue to use the temporary coronavirus adjusted measures.
These measures were intended to simplify the right to work check during the pandemic and make it easier for employers by allowing them to conduct checks over video calls and accept scans/photographs of documents using email or a mobile app.
For a more detailed explanation of the temporary COVID-19 adjusted check measures, please read our previous blog post on the matter.
End of temporary adjustments
However, from the 17 May 2021 employers must comply with the regulations which were in force prior to the 30 March 2020. This means checking the applicant’s original documents, or checking the applicant’s right to work online if they have provided their share code.
The regulations initially required employers to carry out retrospective checks on employees who had a COVID-19 adjusted check during the period the relaxed rules were in operation. It will come as a welcome relief to employers to know that this will not be required.
The guidance also notes that some individuals may find it difficult to evidence their right to work in the UK as a result of the pandemic.
Consequently, employers should be cautious and ensure that no job applicant or employee is discriminated against because they cannot provide their employer with their documents.
If you have any queries in relation to right to work checks, please get in touch with Jamie Kerr or Nikki Weir.
Jamie Kerr
Partner
Immigration & Visas
Jamie has extensive experience across the entire field of immigration, visa, nationality and refugee law.
Nikki Weir
Counsel for Risk
Nikki is a member of our firm's in house compliance and risk team.
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