Right to Work Checks during Pandemic

07 April 2021

The requirement to check employees right to work in the UK has not been stopped during the coronavirus pandemic. As an employer you must be able to show proof that your employees are eligible to work in the UK.

Right to work checklist

There are several ways that these checks can be conducted to ensure the company remains compliant. Subject to the company complying with the social distancing rules, employees should be asked to bring an original document on their first day worked which meets the eligibility criteria as per the Government’s Right to Work Checklist. A copy of the original document should be taken, signed, dated, and stored on the employee’s personnel file.  These documents include a birth certificate and a passport (with up to date work visa if not a UK passport).  The UK passport can be out of date.

An alternative way is to check via an online service, the employees will need to provide you with their date of birth and the ‘Right to Work Share Code.’ The check is carried out through a Government portal and you will be provided with the information regarding the type of work the employees can do along with a time limit on their stay if there is one.

Remote working

Finally, as a result of the lockdown the majority of companies are working remotely; in order to assist these companies, the Government have published additional guidance on checking employees Right to Work. These checks can be carried out over video calls. Employees should send through a scanned copy or a photo of their original document to the company, the employer needs to arrange a video call where employee can hold the original document and the documents can be checked against the copy provided and the employee themselves. The document should be recorded with “adjusted check undertaken (insert date) due to COVID-19”.

After the lockdown has ended, the companies will be asked to carry out a retrospective check on employees as per the original process and both checks need to be stored on file. The retrospective checks can be carried out within 8 weeks and the Home Office have confirmed that they will not take action against employers who carried out the adjusted checks and then completed the retrospective check.

This information is for guidance only; please visit the Government immigration website or contact the Quest helpline for any further information or assistance. 

Maria Yukhnovich

 

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