Right to work guidance confirmed and virtual checks extended

The Home Office Right to Work guidance has been released, detailing steps that employers need to take to ensure that employees have right to work from the 1 July 2021.

Key points;

• Employers can use a share code in order to verify a prospective employee’s right to work online. The employer must still do this in the presence of the individual (or via video calls until 30 August 2021) to check the individual presenting themselves matches the photograph on the online right to work check. The employer should also keep a copy of the online check.
• However, employers cannot insist that the check is done this way.
• Employers can still undertake manual document-based checks of physical documents if the right to work status cannot be checked digitally.
• An online service has been made available to find out which documents employers will need to see to prove right to work, or there are new Lists A and B (which can be viewed at Annex B of the guidance). Employers need to see the original document with the individual present, retain copies of the documents and record the date the check was made. This can be done virtually until 31 August 2021.
• Employers do not need to retrospectively check the right to work status of their workforce whose right to work status was checked using the prescribed process prior to 1 July 2021. This also applies to workers who do not begin work until after 1 July 2021, provided that the check was done before this date.
• If an employer does choose to retrospectively check their workforce, this must be done in a non-discriminatory manner.

The Home Office has also updated guidance to confirm that the end date for the temporary adjusted checking processes is now 31 August 2021. This means that employers will not need to check original documents in person with the individual present until 1 September 2021. Instead, employers can continue to use the below process;

• undertake the checks over video calls
• job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
• during the call the applicant must hold up the ID to demonstrate its validity
• use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

Aspire Comment:

Clarification on Right to Work checks post the Grace Period will come as a huge relief to may who were anxiously waiting to hear about how their processes will need to change from 1 July 2021. Whilst it may come as a relief that employers do not need to do retrospective checks, it is important that where employers do decide to undertake checks on their existing workforce from the 1 July 2021 that this is not done in a discriminatory manor.

There will be equal enthusiasm about the announcement of extended virtual right to work checks for those who, given the extension to Stage 3 of the lockdown roadmap, have not returned to on site working and who would otherwise have needed to make arrangements to obtain original documents, despite still working in a limited capacity.

If you have any questions about how to carry out a right to work check or to discuss implementing a right to work policy or carrying out a compliance audit,  get in touch on 0121 445 6178 or email us on enquire@aspirepartnership.co.uk