COVID-19: Right-to-work check guidelines extended

IMPACT – HIGH

The Home Office has extended the temporary guidelines for right-to-work checks until Aug. 31.

Key Points:

• The temporary guidelines will remain in effect until Aug. 31. This means that until then:
  • Checks can be conducted over video calls.
  • Job applicants and existing workers can send scanned documents or photos of documents for checks through emails or a mobile app. Original documents are not required.
  • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
• Beginning Sept. 1, employers must either:
  • Check the applicant’s original documents; or
  • Check the applicant’s right to work online if he or she has provided a share code.
• Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and Aug. 31, 2021.

Additional Information: If the job applicant or existing worker cannot show their documents, employers must contact the Home Office Employer Checking Service. If the individual has a right to work, a “Positive Verification Notice” will be sent, which provides a statutory excuse for six months from the date of the notice.

For right-to-work checks from July 1, EEA citizens can no longer rely on an EEA passport or national identity card (aside from Irish citizens). EEA citizens will evidence their right to work by sharing their immigration status digitally through the Home Office online right-to-work service or by providing accepted physical documents. More information on EEA citizens’ right-to-work checks can be found here and here.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right-to-work checks since March of 2020. However, employers are reminded to take note of the Aug. 31 date for when temporary measures are set to end.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.