Most employers are aware that a key part of the recruitment process and onboarding new employees is the obligation to carry out checks that employees have the right to work legally in the UK. This is in order to comply with the duty on employers to prevent illegal working. Failure to carry out checks in the prescribed manner can see employers being unable to take advantage of the statutory defence if it turns out that the employee did not have the right to work.

As with many aspects of work, the impact of the Coronavirus pandemic meant that carrying out these check became more difficult for employers. As a result, the Government introduced temporary changes to the right to work checks. However, employers need to be aware that these temporary changes are going to end on 16 May 2021.

Until then:

• Checks can be carried out over video calls
• Job applicants and existing workers can send scanned documents or a photo of documents for checks using e-mail or a mobile phone app, rather than sending original documents; and
• Employers should use the Government’s Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

From 17 May 2021, employers will need to either:

• Check the original documentation; or
• Check the right to work service providing the individual gives the employer their share code.

Given the penalties for employing someone who doesn’t have the right to work in the UK, it is important that employers review their right to work processes and make any adjustments to take into account the changes coming in on 17 May 2021.

If you need any further assistance on right to work checks, please contact Matt Jenkin.