Temporary COVID-19 measures for UK employers
Since the start of the COVID-19 pandemic, the Home Office has permitted UK employers to carry out Right to Work Checks in an adjusted manner.
Following the UK Government’s statement on 14 June 2021 to delay the end of lockdown measures, the Home Office has further extended its acceptance of adjusted Right to Work Checks until 31 August 2021.
How to carry out an adjusted Right to Work Check?
The temporary adjustments were effective as of 30 March 2020 and, as stated above, will continue until 31 August 2021 (inclusive).
To carry out an adjusted Right to Work Check, the employer should first be provided with a scan or photograph of the worker’s relevant documents. Documents can be provided via email or mobile application. Once in receipt of the digital copies of the worker’s documents, the employer is required to arrange a video call with the worker, asking them to hold the original documents to the camera and ensuring to check these against the digital copies of the documents. Having checked the original documents against the digital copies via video call, the employer should then note the following on the copy documents: ‘adjusted check undertaken on [insert date] due to COVID-19’.
Alternatively, instead of displaying original documents via video call, if a worker has a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or has been granted status under the EU Settlement Scheme, they may instead use the Home Office’s online Right to Work service to demonstrate their status to the employer.
What happens when temporary adjustments end on 31 August 2021?
As of 1 September 2021, an employer must carry out Right to Work Checks in person, as was the case prior to 30 March 2020. If you require further information in this regard or have questions in relation to conducting the correct Right to Work Checks, please contact us or send us an e-mail.
Please note as of 1 July 2021, employers must also carry out right to work checks on new EEA or Swiss Nationals commencing employment.
The information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on Gherson, or alternatively, follow us on Twitter, LinkedIn or Facebook to stay up-to-date.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021