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Revised advice for employers – Right to Work Checks

The Government has published revised advice for employers carrying out Right to Work Checks during the coronavirus pandemic, replacing previous guidance issued on 18 June 2021.

The end date for the temporary adjusted Right to Work Checks has now been deferred to 5 April 2022 (inclusive).

In their announcement, the UK Government stated that they have made the decision to defer the date “following the positive feedback received about the ability to conduct checks remotely.”

A review was undertaken into the availability of specialist technology to support a system of digital checks in the future, with the intention to introduce a new digital solution to include many who are unable to use the Home Office online checking service, including UK and Irish citizens. The objective of this is to enable checks to continue to be conducted remotely but with enhanced security.

Governmental advice is as follows:

The following temporary changes were made on 30 March 2020 and remain in place until 5 April 2022 (inclusive):

  • checks can currently be carried out 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
  • employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

Remember, Right to Work Checks continue to be necessary and you must continue to check the prescribed documents set out in right to work checks: an employer’s guide or use the Home Office right to work online service. It remains an offence to knowingly employ anyone who does not have the right to work in the UK.

For the full Government update, visit https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks

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