Employers are required to check their employee’s immigration status and right to work. The verification of the documents must be recorded on the HR file. Employers are advised to consult with and follow the Home Office guidance to ensure they carry out the documents checks correctly.
Statutory excuse
All employees must provide the correct documents before the start work. This extends to British nationals and those of the European Union and from the rest of the world. This will apply whether the position is permanent or temporary. Employers can be fined up to £20,000 for each employee found working illegally. Employers can raise a statutory excuse if they can demonstrate they have followed the Home Office guidance.
The temporary Right to Work Scheme adjusted for Covid (which originally commenced in March 2020) will be extended and the new date for closure of the scheme will now be the 5 April 2022. The scheme allows employers on a non-permanent basis during the continuing covid crisis to perform employee right to work document checks remotely. Employer are permitted to use a live video conference stream to check scanned or digital copies of right to work documents.
Home Office
It is crucial that employers using the scheme record the check in the wording recommended by the Home Office which is ‘adjusted check undertaken on (date) due to Covid 19’.
If an employer performs a follow up right to work enquiry according to the emergency measures the employer is recommended by the Home Office to mark the file “the individual’s contract commenced on (date). The prescribed right to work check was undertaken on (date) due to COVID-19.”
It has been verified by the Home Office that where a covid-adjusted check had been used between 30 March 2020 and 31 August 2021 employers are not required to carry out retrospective checks.
Employers who wish to use the Home Office online service to verify the share code must meet the employee in person to verify the online photo is the actual of person who is their employee. Employers should download and keep a copy of the online verification PDF file. It should be noted by the employer the first time and date they personally met the person.
After the scheme ends on the 6 April 2022, employers will no longer be able to check rights to work documents in this manner.
This article is only guidance and does not constitute legal advice. If you have an enquiry about a specific problem, please contact our advice team on 0333 2407 208.
