We all knew that when Brexit had passed – 31st December 2020 – the employer had an additional job of checking that all their staff had the relevant right to work documents to continue to work in the UK after the deadline of 30th June 2021, or potentially face a penalty charge of £20,000 per employee for illegal working.
This can be a worrying time and many employers may have already started an internal checking process ahead of June 2021 despite the official Home Office Guidance stating that retrospective checks are not required.
Home Office Guidance
It is useful to know that the Home Office has put a Guidance together for EEA (European Economic Area) and Swiss Nationals and there are a number of measures the employer must take to ensure staff have the right to remain and work in the UK. For example – the employee should be able to provide the employer with a Certificate of Application for EU Settlement Scheme. There is also the Employer Checking Service which will show if the employee has applied for settled status. During this process, the employee can continue to work. The end result would be to receive a Positive Verification Notice to confirm the employee has the right to work. For some, if the end result is a refusal, then the employer has no alternative but to follow a fair termination process.
Employers are encouraged to keep current up to date records on their staff and to maintain this for the future. Each case is different so to avoid any race discrimination claims, it is vital that a fair process is followed.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
