The government has made temporary adjustments to ease requirements for right to work checks.

Key Points:

  • Right to work checks can now officially be completed over video calls.
  • Job applicants and current workers can send scans or photographs of documents for right to work checks using email or a mobile app, rather than sending originals.
  • Employers should use the Employer Checking Service for prospective or current employees who are unable to provide documents for the right to work check. If the employee has a right to work, the service will send the employer a Positive Verification Notice that will provide a statutory excuse valid for six months.
  • For employees/applicants with a current Biometric Residence Permit/Biometric Residence Card or EU Settlement Scheme status employers can use the online right to work checking service during a video call. Employees/applicants must give the employer permission to view their details.
  • Once the temporary measures are lifted, employers must conduct retroactive right to work checks for employees who either began working during the temporary measures or required a follow-up check within eight weeks of the COVID-19 measures ending. The government will make an announcement when this occurs.

Additional information: Employers carrying out virtual right to work checks must have employees send a scan or photograph of their original documents and then have them hold up the original documents to the camera during a video call. Employers can check the website for more information on right to work checks and employer obligations during COVID-19 measures.

Analysis & Comments: The ability to carry out virtual right to work checks is good news for employers, as it will allow them to complete the process while adhering to social distancing and self-isolation requirements. Please contact your Deloitte representative should you have any questions. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

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