The next step

Right to work

[Checklist]

To the Home Office’s Employer Checking Service

[Weblink]

To the online right to work checking service

[Weblink]

Temporary changes to right to work checks

Legal requirement

When you hire a new employee, ordinarily you must do the following before their employment begins:

• arrange to obtain original versions of one or more permitted documents that evidence the individual’s right to work in the UK
• check the validity of the document(s) in the holder’s presence
• retain a copy of the document(s)
• record the date the document check was conducted.

Tip. By doing this, you will have a statutory excuse from criminal sanctions and civil penalties for employing a worker illegally in the UK.

Pandemic problems

However, as the coronavirus pandemic makes it difficult for employers to carry out right to work checks properly, temporary changes have been made to the legal requirements.

From 30 March 2020 , you can:

• ask the new hire to send you a scanned copy or a photo of their original right to work documents, e.g. via email
• arrange a video call with the new hire when this documentation has been received and ask them to hold the original documents up to the camera so you can check them against the digital copies that they’ve sent you
• record the date the check was conducted and note: “Adjusted right to work check undertaken on ... (insert date) due to coronavirus” on your document copies.

Follow-up check

When the coronavirus measures end you will have eight weeks to carry out retrospective right to work checks in the usual way (see The next step ). At this point you should write: “The individual’s contract commenced on ... (insert date). The prescribed right to work check was undertaken on ... (insert date) due to coronavirus” on your copy documents. Note. Retain all document copies taken at this point, as well as those taken under the temporary procedure, i.e. don’t destroy your earlier check.

Other information

For individuals who have a biometric residence permit, a biometric residence card or status under the EU settlement scheme, you can use the online right to work checking service during your video call, but the new hire must give you permission to view their details on it (see The next step ). Ideally, this permission should be given in writing in advance. An email is acceptable.

Tip 1. Where an individual can’t provide the required documents for a right to work check, you may use the Home Office’s Employer Checking Service (see The next step ) to confirm their status. Assuming they have the right to work in the UK, you’ll receive a positive verification notice.

Tip 2. This document also provides you with a statutory excuse from criminal sanctions and civil penalties for six months from the date of issue.

For a right to work checklist, the online right to work checking service and the Home Office’s Employer Checking Service, visit http://tipsandadvice-personnel.co.uk/download (PS 22.09.02).