In April, we commented on the Government’s decision to end the temporary adjustments to right to work checks on 16 May 2021. However, that decision was widely criticised not least due to the fact that under the Government’s Road Map out of lockdown, office workers should still be working from home where they can, making physical checks of right to work documents more difficult.

With the work from home guidance scheduled to stay in place until 21 June 2021 at the earliest, and after intense lobbying from employer and employee organisations, the Government has relented and announced that the temporary COVID-19 adjusted right to work checks will now end on 20 June 2021, and from 21 June 2021 employers will revert to face to face and physical document checks as set out in legislation and guidance.

As a result of this extension

Until 20 June 2021:

• 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 21 June 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.

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