Right to Work Checks Update

Home Office Updated Guidance on Right to Work Checks

During the highest point of the Coronavirus Pandemic, the Home Office announced on 30^th March 2020 that they would accept adjusted checks of Right to Work documentation.  This included allowing organisations to view someone’s details over a webcam on a video call, or workers sending in scanned documentation rather than sending the original documents via post.  This was done to potentially limit the spread of the virus by reducing face-to-face contact from the physical checks, but keeping businesses moving and thriving during a difficult time.

Initially, these adjusted checks were due to end on the 20^th June 2021 (inclusive), however this date was extended due to the continuation of the rising infection rate in England. The Government extended the end date for these adjusted checks to the 31^st August 2021 (inclusive). Therefore, from the 1^st September 2021, please ensure that your organisation is carrying out the correct guidelines for Right to Work checks.

Does this mean I need to carry out retrospective checks on anyone who had an adjusted check between March 2020 and August 2021?

• You won’t need to undertake retrospective checks for anyone who had an adjusted check.  The Home Office have explained that you will have a defence against a civil penalty if the check you did undertake was in line with the guidance at the time.

Following the pandemic, I am expecting to hire more remote workers who don’t live local to our offices. How can I conduct their Right to Work checks?

• You can request that they send you their original documentation for you to check via post.

Who can undertake Right to Work checks for new employees?

• Anyone within the workplace who is reasonably appropriate, such as managers and line managers can check Right to Work documentation.

At Amica HR, we have a wealth of experience in helping businesses conduct their right to work checks correctly.  If you want to find out how we can work in partnership with you to benefit your business, you can contact a member of the team on 01522 370190 or 0207110 0006 or you can email us at info@amicahr.co.uk .